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    csalvi's Avatar
    csalvi Posts: 4, Reputation: 1
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    #1

    Mar 10, 2010, 06:55 PM
    Primary residence in one state but stay and work in another
    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?
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
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    #2

    Mar 10, 2010, 11:51 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
    csalvi's Avatar
    csalvi Posts: 4, Reputation: 1
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    #3

    Mar 11, 2010, 04:57 AM

    Thanks for your reply.

    Will my spouse have to pay any non-resident taxes to MD?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Mar 11, 2010, 07:15 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).
    csalvi's Avatar
    csalvi Posts: 4, Reputation: 1
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    #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.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #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 thois case if you have any NJ source income you would file in NJ as a non-resident.
    johnnyb506's Avatar
    johnnyb506 Posts: 2, Reputation: 1
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    #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?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #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: https://www.askmehelpdesk.com/taxes/permanent-main-residential-address-one-more-year-since-received-8-000-tax-671118.html#post3153740
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