bhanabhs[at]yahoo.com (Bhawana) wrote:

- quote -

In both MD and NY, if one spouse is a resident and the other
a nonresident, you can file separately even though you filed
a joint return for federal purposes. In NY, you have the
option of filing a joint NY return, but in that case you
volunteer both to be taxed as residents. MD also allows an
option to file a joint return, and allows exclusion of the
non-MD source income of the nonresident spouse.

Your question is not necessarily that simple, though. Both
MD and NY define a resident for tax purposes to include all
persons domiciled in the state ("domiciliary" residence).
Also, you are a resident of either state, regardless of your
domicile, if you maintain a place of abode and spend more
than 183 days of the taxable year in the state ("statutory"
residence).

Although it is possible for spouses who are not estranged to
have separate domiciles, it isn't common. If you started
out together in one state or the other, and then one of you
moved to the other state for a job, the spouse who moved
probably has not established a domicile in the new state,
although he or she may be a statutory resident there. So,
depending on all of the facts, it is possible that both of
you are domiciliary residents of one of those states, while
one of you is a statutory resident of the other.

You probably should consult a professional adviser to help
you with your taxes this year.

Katie in San Diego
The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.

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My husband and I are in two states (maryland and New York).
We have filed married joint taxes until now and would like
to continue to do so now. My question is how will this
effect the state taxes.

Can we still file married joint state taxes? where I pay my
state tax based on my income and he pays his state tax based
upon his income?

Can that be done? if so how? Thanks.

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