Married and living in different states

[mr991]

Hello, My question was whether we can file our DIFFERENT moving dates for our State taxes in MD. Can you help?  Thank you. 

[DianeW777]

Yes, I can help. No, you cannot enter two different sets of moving dates. You will be asked as a part year resident, on a joint return, only once for dates you lived in Maryland (MD). Generally, you are required to use the same filing status on your Maryland income tax return as used on your federal income tax return or the filing status that you would have used if required to file a federal income tax return.

You will be able to separate your MD income from any income from another state. See the image below.

                

@mr991 

[taaxx]

Can I file Federal taxes as married filing jointly and separate state taxes for New York  and Florida (no state tax)?

[KrisD15]

No, New York requires the same filing status as that which you use for the Federal return. 

HERE is a link for more information 

[coldplay123]

Hello. My husband I got married in California a few months ago. I live and work in California full time. He spent the first part of the year working in Iowa but moved to Minnesota in August 2024 so he will have tax forms from both states. Not sure how best to file our taxes. Please advise. Thank you! 

[AmyC]

You can file MFS for CA. You can also file MFJ and take a tax credit for the non-CA income.  CA expects the same filing status as the federal unless either spouse was one of the following:

• An active member of the United States armed forces or any auxiliary military branch during the year
• A nonresident for the entire year and had no income from California sources during the year

Iowa requires the same filing status as federal regardless of your not living there or having income. A part- year MFS return must be filed and will exempt all income not earned by him while there.

MN requires the same filing status as federal. Part year MN resident claiming MN income.

If you decide to do a CA MFS, you will need to create a fake MFS return. You can create a separate account or use the desktop version since it allows up to 5 federal returns. 

[khad3884]

How about  Massachusetts and Kansas?

[AmyC]

• MA may differ from the federal, particularly if one is a  nonresident.  
  Filing Status on Massachusetts Personal Income Tax states: If married taxpayers have a Massachusetts residency tax year that begins and ends on different days, they must file married filing separately, assuming each spouse is required to file.
• KS Instructions state: Your Kansas filing status must be the same as your federal filing status.

[Aaherman2798]

How about West Virginia and Ohio as my wife resides in West Virginia and I reside in Ohio she works in Ohio and I work in Pennsylvania but pay Ohio? 

[MaryK4]

You would be required to file West Virginia and Ohio tax returns.  You would have to decide if you want to file the federal return separate or joint. 

Married taxpayers must have filed a joint federal return to be eligible to file a joint West Virginia return.
If taxpayers filed a joint federal return, they can elect to file West Virginia as either Married Filing Jointly, or Married Filing Separately.  Your wife could elect to report her Ohio income to West Virginia.  She could also report the Ohio income as a nonresident then claim the credit for taxes paid to Ohio on the West Virginia return.

Ohio requires the same filing status used on the federal return.  Because of the reciprocity agreement, you could report the income from Pennsylvania on your Ohio return.  

@Aaherman2798 

[patepr01]

Hello,

I am in a similar situation.  We have no dependents and I live between Missouri and Illinois.  I have an apartment only in MO and have lived >183 days in MO as my work is also in MO.  But my wife lives and works in Illinois and that is where our primary home is.

Can you let me know for these two states, the best way to file ?

Thanks

[DawnC]

A couple that files Married Filing Jointly (MFJ) on their federal return files as Married Filing Combined (MFC) Missouri.  Missouri generally requires the same filing status used on the federal return.   MO Dept of Revenue - Residents and Nonresidents with Other State Income

If a joint federal return is filed, and one spouse is a full-year resident while the other is a part-year resident or nonresident, taxpayers may elect to file MFS in Illinois. Do not recompute any items on the federal return.  Instead divide each item of income and deduction shown on the joint federal return between the separate Illinois returns following the Allocation Worksheet in the instructions. If a MFJ Illinois return is filed, both spouses are treated as residents.  This election is irrevocable for the tax year. Credit is allowed for income tax paid to another state.  IL Dept of Revenue 

@patepr01 - If using the desktop software, you can create mock returns to see what is best for you and your spouse's best option.  

[neilfield]

Dear Tax experts, 

I filed married filing jointly with my wife for the federal return several days ago. I live and work in PA. While my wife lives abroad and she does't have a ITIN or SSN. Several days ago, I put w-7 (application for her ITIN number) and federal return together and mailed out to the IRS Austin office. 

I am wondering how to do state return now.  My wife never came to PA. Can I file married filing jointly ?

Thanks,

Xiaodong 

[RobertB4444]

Best to file an extension for the Pennsylvania return and see if the ITIN comes in.  Then, when it does, file the return.

@neilfield 

[neilfield]

Thanks a lot for your response, Robert. 

As you mentioned, I plan to file extension for the state return first. 

If we get the ITIN for my wife, can I file married filing seperately for PA? 

Thanks,