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Old 04-07-2008, 08:50 PM
Katie
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Default Re: Spouses resident in different states - Maryland

On Apr 7, 1:12*pm, gopinathdeep...[at]gmail.com wrote:
- quote -

> Hi
> I recently got married and my wife is a resident of Maryland. This
> year, I am filing a Married-Filing-Jointly return. I already did for
> the federal and my North Carolina returns, where I am resident.
> I know that I can subtract my income (NC) from the federal gross
> income when I file tax returns for Maryland. But, do I file as a non-
> resident in this case, while using my wife's income as Maryland non-
> resident income?
> She did spend the whole year living in Maryland. I am a little
> confused about the residency part.
> Please help!



Check the Maryland form instructions. Even though you filed jointly
for federal purposes, your wife can file MFS for Maryland.

The forms don't seem to contemplate the possibility of a joint return
where one spouse is a resident and the other a nonresident. Even the
505 (the nonresident return) doesn't account for the possibility that
one spouse is a resident for a different part of the year than the
other. The simple solution is to file MFS in Maryland.

Katie in San Diego

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 04-07-2008, 08:43 PM
Phil Marti
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Default Re: Spouses resident in different states - Maryland

<gopinathdeepak2[at]gmail.com> wrote:

- quote -

> I recently got married and my wife is a resident of Maryland. This
> year, I am filing a Married-Filing-Jointly return. I already did for
> the federal and my North Carolina returns, where I am resident.
> I know that I can subtract my income (NC) from the federal gross
> income when I file tax returns for Maryland. But, do I file as a non-
> resident in this case, while using my wife's income as Maryland non-
> resident income?
> She did spend the whole year living in Maryland. I am a little
> confused about the residency part.


She was a resident, you were a nonresident. MD offers you the choice of
filing separate returns even though you filed a joint Federal return. See
the 502 instructions.

She will file a 502 and be taxed as a resident on only her income. If you
file you will file a 505. According to the 505 instructions you're not
required to file if your MD-source income was below a certain level, but the
502 instructions seem to imply that you both must file. I'd go ahead and
file the 505.

--
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 (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 04-07-2008, 08:12 PM
gopinathdeepak2@gmail.com
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Posts: n/a
Default Spouses resident in different states - Maryland

Hi

I recently got married and my wife is a resident of Maryland. This
year, I am filing a Married-Filing-Jointly return. I already did for
the federal and my North Carolina returns, where I am resident.

I know that I can subtract my income (NC) from the federal gross
income when I file tax returns for Maryland. But, do I file as a non-
resident in this case, while using my wife's income as Maryland non-
resident income?

She did spend the whole year living in Maryland. I am a little
confused about the residency part.

Please help!

- Deepak

--
<< ------------------------------------------------------- > << 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 (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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maryland, resident, spouses, states
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