I want to file my federal return MFJ but need to file MFS on our state returns. Which federal return should I send in with my state return, MFJ or MFS return?

[angelface911]

I am a resident of Alabama and my wife was a resident of GA and New Mexico. We want to file our federal jointly but need to file all three states as MFS. Normally a copy of the federal return is sent in with the state returns but I'm not sure which version of the federal should be sent.  

[Cindy0H]

You will include with your state returns the one that was actually filed with the IRS. 

GEORGIA:

A married part-year resident or nonresident with income earned in Georgia whose spouse is a nonresident with no Georgia source income may file either a separate return claiming only their own personal exemption and dependent exemptions and deductions or a joint return claiming total allowable deductions.

NEW MEXICO:

Married Filing Separately

Both your New Mexico return and your federal return must show a correct division of community and separate income and payments if any of the following are true:

You are a married person filing separately.

You were separated or divorced during the year.

You are a married person filing jointly.

You are claiming the exemption for income of persons 100 years or older.

If your income and payments are not evenly distributed, attach a copy of a statement showing the correct division of community and separate income and payments. 

ALABAMA:

Married Filing a Joint Return

If you and your spouse were married and living together on December 31 you may use the filing status of “Married Filing a Joint Return” even if you did not live together for the entire year. 

Husband and wife both must be residents of Alabama to use this filing status. Once you file a joint return, you may not amend it after the due date by filing separate returns for that year.

Married Filing a Separate Return

You can file a separate return even if you are married. If you file a separate return, report only your own income, exemptions, deductions, and credits. You are responsible only for the tax due on your return and you are entitled to a $1,500 personal exemption for the filing status of “Married Filing a Separate Return.”

If you file a separate return, you must provide your spouse’s full name and social security number on the return. If your spouse is not required to file an Alabama individual income tax return, attach a statement explaining why your spouse is not required to file. Note: Alabama is not a community property state.