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Posted by Phil Marti on April 7, 2008, 4:43 pm
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> 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
--
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