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PDO1
New Member

Military with new spouse

Here's my situation. I'm active duty home of record Maryland stationed in Maryland.  I have only ever filed Maryland state taxes.  I was married 2024 to my wife who is a travelling nurse.  She's a resident of North Dakota.  She's lived with me in Maryland basically all of 2024 except for two months working in Rhode Island.  For her job she kept her home base as North Dakota (mailing address, driver's license, car registration, etc) because then she doesn't get her stipends taxed or something to that effect.  She received two w-2's for the contract work in Rhode Island and contract work in Maryland.  I have the desktop version and we want to file federal jointly.  What options do I have for filing for the three different states? I thought I would file myself and her jointly for Maryland but wouldn't she be a non-resident since I'm filing her as a resident of North Dakota?

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3 Replies
PDO1
New Member

Military with new spouse

Also, if I do a MFJ federal and separate us for state, I read that you can do "mock" federal returns for each of us to generate the individual state returns that we'd need.  Has anybody done this?

MaryK4
Employee Tax Expert

Military with new spouse

If your wife wishes to retain her North Dakota residency and you are filing a joint federal return, here is how to file your states:

 

NORTH DAKOTA: You can file using the joint federal and indicate your nonresident status.  You will be required to indicate all of your income as non-ND.  She will get the credit for taxes paid to another jurisdiction, so you will want to prepare this return last.  

 

RHODE ISLAND: You will want to use the "mock" separate return then she will file separate for Rhode Island.  Here are the instructions:  How do I prepare a joint federal return and separate state returns?

 

MARYLAND: You can choose to file joint or separate, but since you both have Maryland income, it may be beneficial to file joint.  She will be able to indicate nonresident and allocate her Maryland income on the return.

 

Please let us know if you have any additional questions.  

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PDO1
New Member

Military with new spouse

Thanks for replying MaryK4. Truly a life saver..

So in order I can:

 

1. File MFJ for federal

 

2.  Do a "mock" seperate federal return for only her to generate a Rhode island return.  Is she filing "single" on the mock federal return to generate the Rhode island return "single"?  Just wondering if we'll get in trouble her filing single in RI and MFJ in federal. Don't know if state and feds crosscheck. 

 

3. File Maryland Jointly, me as resident and her as nonresident.  Is there any link to show how I'd do that in the software?  When the states pop up, it only gives the option to file resident or nonresident for the whole tax return. 

 

4. File North Dakota jointly, me as nonresident and her as resident.  Same question as Maryland above.

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