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siniang · Apr 4, 2018, 11:24 PM

Hi,

I have another question. For my state return I have to file as a resident because - despite being a student - I have remained in-state for more than 220 days and while in the instructions they only talk about J-1 scholars and professors, this was the answer I got from the tax department.

What I'm unsure about is whether my husband (alien on J-2) can file the state return jointly or have to file separate returns. For the federal return (1040NR-EZ), we must not file jointly by law, but I can't find anything for the state of Hawaii in this regard?

Thank you very much for any help!

AtlantaTaxExpert · Apr 4, 2018, 11:41 PM

To be sure, I would call the Hawaiian tax authorities.

It looks like your Hawaii state return must mirror your federal return, which means if you file a separate return on the federal return, you must do the same in Hawaii.

siniang · Apr 4, 2018, 11:56 PM

Thank,

I called and emailed them last year, but never got an answer for this (so we ended up filing separate returns).

However, the two returns don't mirror each other already because one is nonresident and the other is resident?

I will try to call again, but last year (I had asked about whether I'm considered resident for the state return given I'm "J-1" but a "student) she only cited the instructions - which aren't clear

AtlantaTaxExpert · Apr 6, 2018, 09:51 AM

Hopefully you will get someone who is more knowledgeable when you call this time.