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I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

trying to do state filing separately but form not allowing me to check that I did not live in same state as wife

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12 Replies

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Ok ... did you file a joint federal return ?   And are you now trying to file separate state returns ?

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

hello, yes I have filed federal already. I don't have to file in WA where I live but my wife lives in NC and has some income, including social security

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

If you and your spouse are filing a joint federal return but you work in or are residents of different states, you may need to file separate state returns.

Sometimes this is required by state tax law; other times it is to your best interest to not include your non-resident spouses income on your state return. Otherwise both states may try to tax the same income.

You can use TurboTax Online to file separate state returns, but we recommend you use the CD/Download software version to do this because you'll only need to pay for one TurboTax product (you can file up to 5 returns).

Tip: If you already started your return in TurboTax Online, we recommend that you transfer your tax file to the CD/Download version. You will save time by entering less information.

Here's a brief overview of the procedure, see the sections below for detailed steps:

  1. You'll prepare one married filing jointly (MFJ) return to file with the IRS.
  2. Prepare a "mock" married filing separate (MFS) tax 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" married filing separate (MFS) federal return to prepare their state MFS return, using 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. File this MFS state return, but not the mock federal return that it pulls the information from.
  4. For the second taxpayer (spouse), label and use the second "mock" MFS federal return to prepare their state MFS return, again using only their income and their half of the deductions from the MFJ federal return.
    Again, file the second MFS state return, but not the second mock federal return that it pulls the information from.

Be sure to name each TurboTax federal return so you know the MFJ federal return to file, and which mock MFS federal and state return is for which person. 
Yes, this can be tedious, but this is often the best way to ensure you accurately minimize state tax situations with two different state incomes.

Note:  State returns prepared using the "Mock" federal returns will require you to print and file your state return by mail, please click here to learn more. 

For detailed instructions, click the link below for the taxpayer(s) that need to file a state return.

Prepare a state return for the primary taxpayer

The primary taxpayer is the first taxpayer listed on the return. In the TurboTax CD/Download version:

  1. Open your completed Married Filing Jointly (MFJ) return (the real return you'll file with the IRS), and
  2. Then save it with a new file name, for the primary taxpayer.
  3. This will be your "mock" federal MFS return used for the real MFS state return This mock federal return is Not Filed..

Very Important! This renaming step ensures that your original joint return (the one you file with the IRS) remains intact for you records. The "mock" federal tax return you create next will be used to remove the secondary taxpayer's data so it doesn't transfer into the primary taxpayer's state return. Otherwise, you'll end up paying tax twice on that income. Continue in TurboTax:

  1. On Personal Info, click You & Your Family, then scroll down to the Your Filing Status topic and click Edit.
  2. On the Review Your Filing Status screen, check Change my filing status and select Married filing separately, then click Continue.
  3. Revisit the income topics in your federal return to remove all income items that belong to the secondary taxpayer (e.g., Forms W-2 or 1099).
    Also remove all deductions that apply to the secondary taxpayer (e.g., medical or educational deductions). You'll also need to determine how to split any joint deductions, be careful not to miss any, or use any deductions twice!
  4. Now run the federal error check (Review > Analysis). When finished, you have the primary taxpayer's mock return.
  5. Click State Taxes (this pulls the state data from this mock return) and complete the primary taxpayer's state return.
  6. When finished, print the state return for your records and paper-file the primary taxpayer's state MFS return.

Important: Do not file the "mock" MFS federal return you created here. It was only used to separate the primary taxpayer's income and deductions for state tax purposes. However, do not delete the return in case you need to view or amend the primary taxpayer's associated state MFS return.

Prepare a state return for the secondary taxpayer (spouse)

The secondary taxpayer is the second person listed on the return.

Like the steps above, you'll create a second new "mock" federal MFS return for the secondary taxpayer. This is the only safe way to keep the two mock federal returns connected with the correct state returns.

  1. In TurboTax (CD/Download version), start a new return by choosing New Tax Return from the File menu, and then clicking Start a New Return.
  2. On the transfer screen, select Continue Without Transferring. Do not transfer information from last year's joint return!
  3. Create the "mock" federal return entering the secondary taxpayer's personal information, income, and deductions. For the filing status, choose Married filing separately.
  4. Be sure you do not include any deductions already claimed by the primary taxpayer. Only the secondary taxpayer's income and deductions should be entered in this mock return.
  5. When finished, run the federal error check (Review > Analysis).
  6. Then click State Taxes and complete the secondary taxpayer's state return.
  7. When finished, print the state return for your records and paper-file the secondary taxpayer's state MFS return.

Important: Do not file the mock MFS federal return you created here. It was only used to separate the spouse's income and deductions for state tax purposes. However, do not delete the return in case you need to view or amend the spouse's associated state MFS return.



GEN12505

 Answered by TurboTax FAQ to this question


sxubewp13
Returning Member

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Hi I'm filing separately in VA and IL because of part time residence in one state by one spouse so I've followed the procedures to generate these returns (i.e. prepared a "MOCK" federal return for each spouse).  However, when I print my VA tax return, Turbo Tax prints the 2-page 1040 AND schedules from the MOCK Federal return used to generate the MFS state return.  Am I supposed to send THOSE pages (from the MOCK Federal Return used to generate the MFS state return) OR include my MFJ ACTUAL Federal return?  The documentation on how to do this excludes this information.  Please let me know ASAP!  Thank you

 

Bill

sxubewp13
Returning Member

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Hello - I am also filing a MFS state return in two states and a MFJ federal return.  I followed the procedures to produce two separate MFS "MOCK" federal returns to generate the MFS state returns for both spouses.  However, when I PRINT the VA return, it incudes the 2-page 1040 from the MOCK return along with several schedules also from the mock return.  Should I let that stand and include those forms with my VA State filing OR include the same pages from the ACTUAL MFJ federal returns?  Please advise ASAP!  Thank you!

 

B

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Hello Did you get an answer to your question above, I am facing the same problem

RKH-VA
Returning Member

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Looking for an answer to this question. 

 

Married filing jointly for Federal. Military spouse filing in Virginia while spouse has earned income in North Carolina where significant state withholding has been collected. 

 

Best reply I've seen involved completing and submitting MFJ Federal. Then create two "MOCK" Married filing separately and file via paper. Seems cumbersome but doable (See below).  Need to know what to print and send to each state.   

 

==== prior post from 2020 follows====

Caution: Each state has its own rules regarding this topic. For example, Arizona allows couples to file separately even if they filed a joint federal return, whereas Colorado does not. California doesn't allow it either, with the exception of active-duty military and certain nonresidents. Before proceeding further, 

 

You can use TurboTax Online to file separate state returns, but we recommend you use the to do this because you'll only need to pay for one TurboTax product (you can file up to five returns).

 

Tip: If you already started your return in TurboTax Online, we recommend that you t. You will save time by entering less information.

Here's a brief overview of the procedure, see the sections below for detailed steps:

  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.

Be sure to name each TurboTax federal return so you know the MFJ federal return to file, and which mock MFS federal and state return is for which person.

Yes, this can be tedious, but this is often the best way to ensure you accurately minimize state tax situations with two different state incomes.

Note: State returns prepared using the mock federal returns will require you to print and file your state return by mail, please  to learn more.

For detailed instructions, click the link below for the taxpayer(s) that need to file a state return.

 

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

You can do this by following the directions from @Critter with one small kicker.  Some states do not allow it.  Check your individual state website to see if they allow you to file your state return using a different marital status than your federal..

RKH-VA
Returning Member

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Thanks, it appears as though NC and VA allow the change of status. 

 

Is there an easier way to accomplish this than the procedure from @Critter? Given the number of military filers I was hoping that turbotax would automate this situation especially since it is vulnerable to mistakes.

AmyC
Employee Tax Expert

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

Since you are military, if your spouse has taken your HOR, then you can file joint and there may not be taxable income. Both VA and NC exempt the pay of a nonresident military spouse. You would only pay taxes to your HOR, if same state. See MSRRA: Military Spouses Residency Relief Act. If your wife is not a VA or NC resident, only there to be with you, then VA & NC do not take taxes.

VA Form 763-S should be filed for a refund, see 763-S 2021 - Virginia Tax.

NC for nonresident, see Frequently Asked Questions Regarding Military Spouses.

 

Not knowing which state is HOR and if for both of you, I would need more information to help you further.

 

@RKH-VA

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RKH-VA
Returning Member

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

As a service member I have chosen to have my Home Of Record to be Virginia. Spouse has worked a good job as a W2 employee in NC and has had thousands of dollars withheld from her salary. We understand that she can pay taxes in VA but that would require filing a NC return to get a refund which we have had a bad experience with in the past. 

 

She has decided that it is in her best interest to file in NC which is how we came to "Married Filing Jointly" for federal and separately for state. But TurboTAX doesn't make this situation easy. Is there a better solution than   @Critter?  This hast to be a repeating problem since states handling of taxes varies so much. 

 

If she follows @Critter advice what form of the Federal return should she attach to her form?

 

I had VA taxes withheld is my option to follow @Critter or should I file for a VA refund and pay NC taxes since they are lower?

ThomasM125
Employee Tax Expert

I was told I needed the download version to file federal jointly and state seperately, now still stuck unable to proceede with state

The instructions given by @Critter is the recommended procedure to follow.

 

Your spouse would attach the federal return she used to prepare the state tax return.

 

You should file a Virginia return, since that is your home of record.

 

 

 

 

 

 

 

@RKH-VA

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