Spouses resident in different states - Maryland

Apr 07, 2008 2 Replies
G

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


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P

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.
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K

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

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