Can You File Jointly if You Do Not Live in the Same State?
If you are married and you and your spouse permanently lived in separate states for the tax year, you may be confused as to what tax filing options you have. For your federal return, living in separate states will not affect your ability to file as married filing jointly; however, you should consider filing as head of household if you qualify. Your states may require you to file separate returns.
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Federal Married Filing Jointly
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Because the tax collected is federal, for the purpose of filing your income tax returns with the Internal Revenue Service, your state of residency is not important. As long as you and your spouse were married on the last day of the tax year, you may file as married filing jointly. Although you also have the option to file as married filing separately, this usually results in a higher tax burden. Married filing separately, however, may be a viable option if you are concerned about tax liability from your spouse's income and wish only to be responsible for your income and corresponding tax liability.
Federal Head of Household
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Although legally married, you may be able to claim head of household status. To file as head of household, you must be "considered unmarried" on the last day of the tax year. If you have a child who lived with you for more than half the year and whom you can claim as an exemption, you may be able to claim head of household. In addition, your spouse must have lived apart from your home for the last six months of the year and you must have paid more than half the cost of maintaining your home. A temporary absence does not count as living apart. Claiming head of household can decrease your tax burden; however, it will likely raise your spouse's tax burden.
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State Filing Separately
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If you and your spouse lived in separate states on a permanent basis for the entire tax year, then you will likely need to file separate tax returns in the appropriate states. On the other hand, if you both consider one residence to be your permanent home, and one spouse is simply away from temporarily for work, then you may be able to file a joint return.
State Tax Returns Considerations
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Each state has slightly different rules regarding filing status and exemptions as well as deductions and credits. Filing separate returns can become complicated. In addition, even if you are allowed to file a joint return, you may still need to file a non-resident return in the state where one spouse worked and earned income for the year. If you are required to file separate state returns, or believe you need to file additional returns, you should consider consulting with a tax professional.
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