I am married and work in Texas, but my wife lives in Kansas and is working in Oklahoma temporarily. Can we file MFJ for Federal and MFS for her state taxes?

[mfwmfwmfw18]

I have income from TX and she has income from OK and KS. She worked in OK for 6 months in 2019 and will be there for another 6 months in 2020 to finish up her temporary internship. I believe she should still be considered a resident of KS. I know TX does not require state taxes, but OK and KS do. Do I have to file MFS so that I can keep my TX income off of her state taxes? Or can I file MFJ for Federal and MFS for her OK and KS state taxes?

[MarilynG1 · Accepted solution]

Yes, you can file your Federal Return jointly.

If your wife considers Kansas as her Resident State, she could file a Resident return to Kansas separately, as you suggested, and report all of her 2019 income there.  She will get credit for any tax she paid to Oklahoma.

She can file a Non-Resident Return to Oklahoma, reporting only her income earned/taxes paid there.

Click the link for more detailed info for filing Non-Resident State Returns.