Ask Experts Questions for FREE Help !
Ask

Primary residence in one state but stay and work in another

Asked Mar 10, 2010, 05:55 PM — 7 Answers
Hi,

I have primary residence in NJ but work and stay in MD.
I am filing taxes jointly with my husband who lives in NJ.

I want to use NJ address as my main address.

In which states should I file taxes?

Search this Thread
Share |
7 Answers
MukatA's Avatar
MukatA Posts: 7,105, Reputation: 963
Tax Expert
  
#2

Mar 10, 2010, 10:51 PM


Any income earned while present in MD must be reported to MD.

If you live in NJ or are resident on NJ, report your worldwide income for full year. Also in this state claim credit for the taxes paid to MD. Your U.S. Tax Return: Working or Living in Two or More states
Helpful
csalvi's Avatar
csalvi Posts: 4, Reputation: 10
New Member
  
#3

Mar 11, 2010, 03:57 AM
Thanks for your reply.

Will my spouse have to pay any non-resident taxes to MD?
Helpful
ebaines's Avatar
ebaines Posts: 10,033, Reputation: 5529
Expert
  
#4

Mar 11, 2010, 06:15 AM
Csalvi: if NONE of your income is NJ source, and NONE of your husband's income is MD source, then you have the option of each of you filing as Married Filing Separate for state income taxes - you would file as a MD resident and your husand would file as a NJ resident. This way you report your income to MD, he reports his income to NJ, and you don't have the issue of MD trying to tax his income or NJ trying to tax yours. You can file as MFS in this case even though you may have filed as MFJ for federal purposes.

On the other hand, if you have some NJ ource income (dividends, interest, capital gains etc) then this won't work. In this case I would recommend filing (a) a non-resident MD tax return, paying tax to MDon your wages, and (b) a resident joint NJ tax return. On the NJ return you report all your income, but you get a credit for taxes paid to other jurisdictons (namely MD).
Helpful
csalvi's Avatar
csalvi Posts: 4, Reputation: 10
New Member
  
#5

Mar 24, 2010, 06:49 AM
Thanks much for your replies.

To ebaines:
If I work for more than 6 months or 183 days , will I be able to file as a non-resident MD tax returns?

Thanks again.
Helpful
ebaines's Avatar
ebaines Posts: 10,033, Reputation: 5529
Expert
  
#6

Mar 24, 2010, 07:24 AM
If you live in MD for more than 183 days, then MD is your tax home, and you file as MD resident. In this case if you have any NJ source income you would file in NJ as a non-resident.
Helpful
johnnyb506's Avatar
johnnyb506 Posts: 2, Reputation: 1
New Member
  
#7

Jun 14, 2012, 11:13 PM
If I have to own a house/list it as my primary address can I still live in another state and work without having to pay back the 8,000?
Helpful
ebaines's Avatar
ebaines Posts: 10,033, Reputation: 5529
Expert
  
#8

Jun 15, 2012, 05:59 AM
Quote:
Originally Posted by johnnyb506 View Post
If I have to own a house/list it as my primary address can I still live in another state and work without having to pay back the 8,000?
Please don't double-post questions. This is answered here: http://www.askmehelpdesk.com/taxes/permanent-main-residential-address-one-more-year-since-received-8-000-tax-671118.html#post3153740
Helpful
Not your question? Ask your question View similar questions
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

If I live in the state of MO, but work in the state of KS what should be my primary ? [ 1 Answers ]

I live in the state of MO, but work out of the state of KS. What should my primary state be and secondary state be?

Foreclosure of primary residence [ 3 Answers ]

I am in foreclosure in my priary residence in Naples Florida. I have a second home in virginia that we have rented out,and mortgage is in goodstanding. Is there a chance they can take this home away from us?

Primary residence [ 2 Answers ]

About a year ago, I purchased a home in Missouri after the bank foreclosed on my mother's home. She lives with me now at the new house. I have recently decided to move and possibly get married. I would like my mother to be able to continue living at the house if possible. I don't believe that...

401k primary residence loan [ 15 Answers ]

I took out a loan from my 401k for primary residence purchase and deal fell through. What can I do with the money now other than paying it all back to pay off the loan.(and lock that money up for 12 months) Can I use it for other purposes? Can I use part of it to pay back another 401k non-prin. ...

Source of income different from state of work and residence [ 1 Answers ]

I was in F1- OPT from feb 1 of 2005 and got employed by a firm in NJ and am working as a IT tech support for a client in Nashville ,TN. I have been living in TN for about an year now. I have been paying the federal tax (15%) and also the NJ state tax till date. From august I have transferred to an...

View more Taxes questions Search