Hello,

How do I file state taxes 2009 for IL and GA? I have lived 5 months in Georgia and 7 months in IL.
1>Can I file part resident in both the states?
2>Does the duration that I live in each state matter to the tax amounts ?
3>Also I have applied for my wife's ITIN, should I wait till I receive ITIN or file the states with "ITIN applied" status? :confused:

Thank you in advance.

1. Yes - you are a part year resident in both states. You need to file as such with both.

2. Not really. You will pay taxes to each state based on the income you actually earned while living in that state. For wages that should be easy to determine - based on your W2 - and for any capital gains you base it on the date you sold the asset. But for other income spources - like interest - it may be difficult to determine an exact split, so you may have to fall back to pro-rating this income based on percentage of time you spent in each state.

3. You can file with ITIN applied, and include a copy of the application with your return.

Thank you for the response.