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goldie19 · Mar 17, 2008, 05:18 PM

I live and work in Florida, that has no state income tax, but my husband lives and works in Georgia, all of 2007, and has to pay state taxes. Can we still file Married, Filing Jointly or do we have to file Separately because of his state taxes? If we file separately, will we still qualify for the married credit?? We'd prefer to file jointly but need to know if GA will insist we file separately.

THANKS! Goldie

ebaines · Mar 18, 2008, 01:46 PM

You can certainly file your federal income tax as Married Filing Jointly. As for GA, I found an FAQ regarding their income tax here:

Georgia Department of Revenue

It indicates that for GA state tax your husband can file as single, so that you don't have to report your FL income to GA. Here's the relevant section:

How do we file a tax return when one spouse is a resident of Georgia and the other is not?
If one spouse is a resident of Georgia and one is not, the taxpayer should write three (3) in the residency code block (nonresident) of the Form 500. You must use schedule 3 on page 4 of Form 500 to calculate your Georgia taxable income.
If we file jointly on the federal return, can I file separately on the state return?
Generally a taxpayer must use the same filing status on their Georgia return that they used on their federal return. However, a taxpayer who filed a joint return with a nonresident, who has no Georgia source income, may file a separate return and claim himself or herself only.

Hope this helps.