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Wife & I separated 3/1/18.Not yet divorced.She lives in SC,10 mos 2018.Filing Married filing Jointly.No wages.Only SocSec and cap gains.Need to file state ret in NC & SC?

How can I find out if I need to file both NC and SC state returns?  We are filing married filing jointly.  She lives in SC.

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3 Replies

Wife & I separated 3/1/18.Not yet divorced.She lives in SC,10 mos 2018.Filing Married filing Jointly.No wages.Only SocSec and cap gains.Need to file state ret in NC & SC?

If you're filing jointly:

If she lived in SC during part of 2018 and had income, you must file in SC.

And if you lived in NC in 2018, you must also file in NC.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

Wife & I separated 3/1/18.Not yet divorced.She lives in SC,10 mos 2018.Filing Married filing Jointly.No wages.Only SocSec and cap gains.Need to file state ret in NC & SC?

Is this so even if there were no earned wage, only Soc Sec income and capital gains?

Wife & I separated 3/1/18.Not yet divorced.She lives in SC,10 mos 2018.Filing Married filing Jointly.No wages.Only SocSec and cap gains.Need to file state ret in NC & SC?

Here are South Carolina's rules:  

If you are a South Carolina resident, you are generally required to file a South Carolina Income Tax return if you are required to file a federal return. If you are a nonresident or part-year resident, you are generally required to file a South Carolina return if you work in South Carolina or are receiving income from rental property, businesses, or other investments in South Carolina.

What are the filing requirements for a part-year resident?
An individual who is a South Carolina resident for only a portion of the tax year may choose the filing method below that is the most beneficial:

 1. Compute South Carolina tax as a South Carolina resident for the entire year. File the SC1040 including all federal taxable income and use the SC1040TC to claim a credit for Income Tax paid to another state.  
  2. Compute South Carolina tax using the Schedule NR. Include in Column B of the Schedule NR only the amounts that are taxable to South Carolina. Amounts taxable to South Carolina include all items of income, gain, loss, or deductions earned from South Carolina sources or while you are a South Carolina resident. File the SC1040 and attach the completed Schedule NR.

<a rel="nofollow" target="_blank" href="https://dor.sc.gov/tax/individual-income/faq">https://dor.sc.gov/tax/individual-income/faq</a>
**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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