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  #6  
Old 03-21-2007, 04:46 PM
Benjamin Yazersky CPA
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Default Re: filing status ? - Married but living in different states

- quote -

> > > My wife and I were married in 2006, but due to job
> > > situation, I live in VA and she lives in MD. We commute
> > > on the weekends. Some people say that we are "considered
> > > unmarried" for the tax filing purpose, and can file 2006
> > > return as single people. But in Publication 17, "considered
> > > unmarried" only appears under the Head of Household
> > > qualification. We are not sure whether to file a joint
> > > return or separate returns as single persons.


> > I'd say married filing separate - for states only this is
> > because you proably don't meet the state residency
> > requirements
> > > However, you should still be able to be married filing

> > jointly for federal purposes


> AFAIK both VA and MD require the same filing status on the
> state return as on the Federal. OP and spouse will have to
> allocate the VA and MD incomes on the state returns if they
> file jointly. VA and MD are reciprocal with respect to
> wages, so that will make it easier.


What you stated is generally the case.
That state filing status must be the same as Federal.
However, if one spouse doesn't meet the residency
requirements, the spouse who isn't a resident for the full
year probably can't file a tax return as a full year
resident.

Each state probably has its own nuances here.
Bottom line - ya gotta read the instructions for each state.

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #5  
Old 03-20-2007, 04:28 AM
Phil Marti
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Posts: n/a
Default Re: filing status ? - Married but living in different states

- quote -

> > My wife and I were married in 2006, but due to job
> > situation, I live in VA and she lives in MD. We commute
> > on the weekends. Some people say that we are "considered
> > unmarried" for the tax filing purpose, and can file 2006
> > return as single people. But in Publication 17, "considered
> > unmarried" only appears under the Head of Household
> > qualification. We are not sure whether to file a joint
> > return or separate returns as single persons.


> I'd say married filing separate - for states only this is
> because you proably don't meet the state residency
> requirements
> However, you should still be able to be married filing
> jointly for federal purposes


AFAIK both VA and MD require the same filing status on the
state return as on the Federal. OP and spouse will have to
allocate the VA and MD incomes on the state returns if they
file jointly. VA and MD are reciprocal with respect to
wages, so that will make it easier.

--
Phil Marti
Clarksburg, MD

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #4  
Old 03-20-2007, 04:28 AM
Bill Brown
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Posts: n/a
Default Re: filing status ? - Married but living in different states

"Benjamin Yazersky CPA" <john...[at]nowhere.com> wrote:

- quote -

> I'd say married filing separate - for states only this is
> because you proably don't meet the state residency
> requirements


Some states (Ohio; California?) require the same filing
status on the state return(s) as used on the federal.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #3  
Old 03-19-2007, 02:11 PM
Benjamin Yazersky CPA
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Posts: n/a
Default Re: filing status ? - Married but living in different states

"HS[at]255" <gt7318d[at]gmail.com> wrote:

- quote -

> My wife and I were married in 2006, but due to job
> situation, I live in VA and she lives in MD. We commute
> on the weekends. Some people say that we are "considered
> unmarried" for the tax filing purpose, and can file 2006
> return as single people. But in Publication 17, "considered
> unmarried" only appears under the Head of Household
> qualification. We are not sure whether to file a joint
> return or separate returns as single persons.


I'd say married filing separate - for states only this is
because you proably don't meet the state residency
requirements

However, you should still be able to be married filing
jointly for federal purposes

___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] > > -----> real address on hobokeni or hobokenx <-----

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #2  
Old 03-19-2007, 05:04 AM
Don Priebe
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Posts: n/a
Default Re: filing status ? - Married but living in different states

- quote -

> Married people cannot file as single. You can file head of
> houshold if you did not live together (even for 1 weekend)
> for the last 6 months of the year and you (the person filing
> HOH) have a qualifying individual.You can always file
> married filing separate but that is not normally
> advantageous.


And of course you can file as married filing jointly even
though you don't have the same address.

--
Don EA in Upstate NY

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #1  
Old 03-19-2007, 05:04 AM
Bill Brown
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Posts: n/a
Default Re: filing status ? - Married but living in different states

"HS[at]255" <gt73...[at]gmail.com> wrote:

- quote -

> My wife and I were married in 2006, but due to job
> situation, I live in VA and she lives in MD. We commute
> on the weekends. Some people say that we are "considered


Never take tax advice from "some people."

- quote -

> unmarried" for the tax filing purpose, and can file 2006
> return as single people. But in Publication 17, "considered
> unmarried" only appears under the Head of Household
> qualification. We are not sure whether to file a joint
> return or separate returns as single persons.


As brownie (no relation) noted, if you are married you
cannot file as single persons. Unless one or both of you
meet the very restrictive rules for head of household, your
filing choices are married filing jointly and married filing
separately.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 
Old 03-18-2007, 05:18 AM
brownie
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Posts: n/a
Default Re: filing status ? - Married but living in different states

"HS[at]255" <gt73...[at]gmail.com> wrote:

- quote -

> My wife and I were married in 2006, but due to job
> situation, I live in VA and she lives in MD. We commute
> on the weekends. Some people say that we are "considered
> unmarried" for the tax filing purpose, and can file 2006
> return as single people. But in Publication 17, "considered
> unmarried" only appears under the Head of Household
> qualification. We are not sure whether to file a joint
> return or separate returns as single persons.


Married people cannot file as single. You can file head of
houshold if you did not live together (even for 1 weekend)
for the last 6 months of the year and you (the person filing
HOH) have a qualifying individual.You can always file
married filing separate but that is not normally
advantageous.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
  #-1  
Old 03-17-2007, 08:51 PM
HS@255
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Posts: n/a
Default filing status ? - Married but living in different states

My wife and I were married in 2006, but due to job
situation, I live in VA and she lives in MD. We commute
on the weekends. Some people say that we are "considered
unmarried" for the tax filing purpose, and can file 2006
return as single people. But in Publication 17, "considered
unmarried" only appears under the Head of Household
qualification. We are not sure whether to file a joint
return or separate returns as single persons.

Thank you.

<< ================================================== ===== > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== >
 

Tags
filing, living, married, states, status
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