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skyace173
Returning Member

Can we file Federal Jointly and State separately

Wife worked in Mississippi and currently working in Missouri as a Missouri resident. Husband worked in Illinois all year as a Illinois Resident. Got married in 2019. I want to see if wife could file jointly with the husband on Federal and file separately when filing for state? 

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8 Replies
KarenM90
Intuit Alumni

Can we file Federal Jointly and State separately

Yes, you can do that.  I am including a Turbo Tax help article on the process.    Filing a Joint Federal and Separate State Returns

 

The article does recommend that you use a desktop product to accomplish this.  

 

Here is an overview of the process:

 

  1. Prepare one married filing jointly (MFJ) return to file with the IRS.
  2. Prepare a mock married filing separate (MFS) return for each taxpayer. This is for your records only, and will be used to generate separate state returns for each person. The mock federal returns are not filed.
  3. Then for the first taxpayer, label and use the first mock MFS federal return to prepare their state MFS return. Use only their income and their half of the deductions from the MFJ federal return.
    • This ensures that TurboTax only transfers the first taxpayer's income to their married filing separate state return.
  4. File this MFS state return, not the mock federal return that it pulls the information from.
  5. For the second taxpayer (spouse), label and use the second "mock" MFS federal return to prepare their state MFS return. Again, use only their income and their half of the deductions from the MFJ federal return.
  6. File the second MFS state return, not the second mock federal return that it pulls the information from.

 

 

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zstauber
New Member

Can we file Federal Jointly and State separately

Yes.  In fact, with Deluxe, by default you are able to e-file a federal return for free, but have to pay $19.99 (plus applicable state sales tax) in order to e-file the state forms on top of that.  Or you can print them out and postal mail them for free.  So, definitely separate.

skyace173
Returning Member

Can we file Federal Jointly and State separately

Yes I understand how to process this using turbo tax but my concern is would this against the state law when filing separately for different state.

KathrynG3
Expert Alumni

Can we file Federal Jointly and State separately

No. 

Mississippi requires both spouses to file, even if one has no income, when filing separately. The exemptions are all halved. There is only tax on Mississippi income. 

 

Missouri is more complicated. For him, he is a nonresident without Missouri Income. For her, she is a part-year resident.

This would be filed jointly with the income reported from other states backed off the return and/or a percentage applied to eliminate any non-Missouri income being taxed in Missouri.

 

For Illinois, he could file separately.

Mississippi: page 5: Separate returns (two returns) are filed when each spouse completes his/her own return. Each spouse reports his/her own income and deductions on a separate return. BOTH spouses must file returns even though one spouse may have little or no income. If one spouse elects to itemize deductions, both must itemize. Each spouse is entitled to only one-half of the total exemption authorized. Each spouse must list the other spouse on his/herreturn.

 

Missouri: page 3: Who must file: You do not have to file a Missouri return if you are not required to file a federal return. If you are required to file a federal return, you may not have to file a Missouri return if you:

a. are a resident and have less than $1,200 of Missouri adjusted gross income;

b. are a nonresident with less than $600 of Missouri income; or

c. have Missouri adjusted gross income less than the amount of your standard deduction for your filing status.

 

page 4: Nonresident: A nonresident is an individual who does not meet the definition of resident. If required to file, nonresidents with income from another state must use the Missouri Income Percentage (Form MO-NRI) to determine income percentages.

 

page 5: Other state income: You must begin Form MO-1040 with your total federal adjusted gross income, as reported on your federal return. Lines 1 through 27 of the return are computed as if you are a full-year resident. Tax (Line 26) is computed on all your income, and may then be reduced by a resident credit (Line 27), or by a Missouri income percentage (Line 28). The result is a prorated Missouri tax liability (Line 27) based only on the income earned in Missouri. See page 9, Lines 27 and 28.

 

page 6: Filing Status: Select the same filing status on your Missouri return as claimed on the federal return. If on your federal return you selected the checkbox “Someone can claim you as a dependent,” you will select “claimed as a dependent” on the Form MO-1040.

Illinois: page 4: If you filed a joint federal return and one spouse is an Illinois resident while the other spouse is a nonresident or a part-year resident, you may file separate Illinois returns. If you file a joint Illinois return, you will both be taxed as residents.

For Mississippi: 2019 Mississippi Resident, Non-Resident and Part-Year Resident Income Tax Instructions

For Missouri: 2019 Form MO-1040 Individual Income Tax Long Form

For Illinois: 2019 Form IL-1040 Instructions 

Can we file Federal Jointly and State separately

We are in this situation with Nebraska and Illinois. I e-filed the joint return and have the 2 mock MFS forms for both my husband and I. When we submit these forms does the mock MFS federal return get submitted with the state MFS form?

JohnB5677
Expert Alumni

Can we file Federal Jointly and State separately

If you've already E-filed your federal return for MFJ, you will not be able to E-file the MFS.  The mocked up federal MFS return should not be mailed out, but it should be kept for your records.  However, you will have to file your state returns by mail.

 

If you have questions on mailing your state returns, here is a list of Department of Revenue by state List of state DOR's.

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Can we file Federal Jointly and State separately

I know that we need to send them by mail. Nebraska requires a copy of the federal return with the state return. Does a copy of the joint return get sent in with that state return then?

MarilynG1
Expert Alumni

Can we file Federal Jointly and State separately

Yes, send a copy of the MFJ Federal return that you actually filed with your State return. 

 

@kirsten902 

 

 

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