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If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

I'm military and pay NC state taxes. My wife pays GA state taxes. I assumed we would file joint federal and joint state returns, but my wife says that is wrong. She says that we would file joint federal, but separate state returns. That feels wrong to me, and obviously I would like to file joint if possible for our state returns. Thank you for your time!

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5 Replies

If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

Yeah...that can get messy.  And states differ as to how it needs to be done when the two spouses are residents of different states..and that happens a lot for military couples.

I only know NC for this situation, (not GA).

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For NC, NC gives you the choice of filing both MFJ-Federal and MFJ-NC (where the non-resident spouse's income will be removed), or MFJ-Federal and MFS-NC...where the MFS-NC tax return will have to be mail-filed  

 1) For MFJ-Federal&NC: You would fill in all of the Federal part, indicating one of you as a NC resident in the Personal Info section, and the other as a GA resident.  Then Fill in ALL of every scrap of all your income and deductions as a couple.  Only when you are entirely done with all those entries (Sometime in February or March 2019), you would start in on the NC tax return.  The NC tax return should detect that you are a mixed residency couple, and should switch to what is essentially an NC nonresident tax return (it did last year....2018 isn't up yet).  When that happens, and you go thru the interview, First it will show you the W-2 forms that were entered in the Federal section....and you can mark your own as NC Income...and your spouse's ans Not-NC income.  That removes hers W-2 income from consideration .  Then on the pages that follow, the software presents the Federal amounts for various income types (Interest, Dividends Cap gains, etc)...and you are supposed to indicate what sub-part is to be considered NC income...like maybe half the Interest is yours and NC-taxable.....but a lot for these other ares depends on whether you have joint accounts, or perhaps have some separate band and investment accounts....


When you get thru all of them, and error check everything. You should print them out to make sure all looks right and NC is taxing you only on your portion of the income for the year.  I don't know what the NC forms will look like yet this year, but last year on the D-400, they would put your full combined MFJ income in all the way down to line 12, then box 13 is a decimal multiplier which chops down your combined taxable income to a you-only $$ value on line 14...then applies the NC tax to that lower you-only amount.  Then you can e-file both the MFJ-Federal and MFJ-NC tax returns together...once you figure out what needs to be done for GA.

2)   Or you can file MFJ-Federal and MFS-NC.  But to do the split filing for MFS-NC, you would have to prepare a MFJ-Federal tax return that you could e-file by itself.......and then entirely separate MFS-Federal+MFS-NC tax return.  The MFS-NC tax return would then have to be printed and mail-filed by yourself, with a copy of the MFS-Federal tax return attached.  (the MFS-Federal is not filed with the Feds...just sent in along with the MFS-NC tax return to the state).

Doing any of the MFS situations requires multiple tax files and multiple accounts if you decide to use the Online software...so don't...stick to the Desktop software that allows multiple tax fails to be prepared.

______________

Next question...is what does GA require for split-residency couple tax filings...I'll prompt a GA expert.

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

@DoninGA    How does GA deal with split-residency couple tax filings per this couple's situation?

Yes...I am kind of assuming they already know that their situation is such that they cannot file as residents of the same state the same state under MSRRA.
____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
TomD8
Level 15

If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

When one spouse is a GA resident and the other is a GA non-resident with no GA-source income, the GA return may be filed either jointly or separately.  See page 10 of this reference:  <a rel="nofollow" target="_blank" href="https://dor.georgia.gov/sites/dor.georgia.gov/files/related_files/document/TSD/Booklet/IT-511/2017_I...>
**Answers are correct to the best of my ability but do not constitute tax or legal advice.

If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

Yep...Looks to me like

you should file MFJ in GA too.
.....you enter a "3" at 4 of the GA Form 500. Then fill out schedule 3 to take out the NC person's income, as not being GA income.  

They even show an example Schedule 3 on page 16 of the 2017 Instructions @TomD8  posted.  (don't know how much or IF the 2018 GA instructions will change significantly).

But it appears the user should be able to file MFJ-Federal,MFJ-NC,MFJ-GA all on one file, and the NC-person will be able to take out the GA-person's income form teh NC tax return, and the GA-person will be able to take out the NC-Person's income from teh GA tax return....and e-file it all.

But it will take 3-or-6 weeks part-time to fill it all out properly once you get all your tax forms.  Print out what you have regularly, and look them over closely...you may have to go back edit things multiple times to get the $$ allocations to NC and to GA correct.  Don't rush it, and don't wait until the last minute either
____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

If my wife and I have different resident states and pay different state income taxes (GA and NC, I'm military), can we still file joint federal AND joint state returns?

Here’s the FAQ on filing joint federal and separate state returns if you need it
<a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/1901214-how-do-i-prepare-a-joint-federal-return-and-separate-state...>
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