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hawksduce
Oct 2, 2010, 02:30 PM
My wife and I are both active duty military stationed in Utah. She is a resident of Alabama and I am a resident of Oklahoma. Can we file Marred Filing Jointly? If so how do we do the state takes?

AtlantaTaxExpert
Oct 4, 2010, 12:26 PM
Yes, you CAN file jointly on your federal return.

You can also file jointly on your state returns, but you will be taxed ONLY on the resident income. i.e. her military income will be taxed by Alabama and YOUR military income will be taxed by Oklahoma.

Note that by filing jointly on the state, your income tax RATE may be higher, because they will use the spouse's income to push you into a higher tax bracket. For this reason, it may be better to file Married Filing Separately. Many states allow this when the married military couples are domiciled in separate states.

wnhough
Oct 5, 2010, 01:47 AM
QUOTE," She is a resident of Alabama and I am a resident of Oklahoma. Can we file Marred Filing Jointly? "--- In general, if you and your spouse file married jointly, MFJ, on your federal income tax return, then you and your spouse also should file married jointly on your state return either in Oklahoma or Alabama; you and your spouse, as married couples, do not have to live together to file jointly.
However, there is an exception in filing your state incoem tax returns for couples, like you and your spouse, who haven't been residents of the same state at any time all year and where neither spouse has any income at all from the other spouse's state. Your wife would file as MFS in her home state, Alabama, as well.