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Posted by Benjamin Yazersky CPA on March 21, 2007, 1:46 pm
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>>> 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 <-----
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