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madison25 · Mar 11, 2011, 10:35 AM

I am still legally married to my spouse who lives in FLA, but I am living in NC. We plan to file jointly for federal to get EITC, but each file in our own state for state taxes. How can we do this?

MLSNC · Mar 11, 2011, 11:43 AM

After you prepare your federal return, you need to prepare a schedule breaking down your income, deductions, etc. between yourself and your spouse so you arrive at federal taxable income for each of you (the combined totals should agree with the federal return). Carry that taxable income to the NC return and prepare the return as married, filing separately. It is a little confusing so be careful.

madison25 · Mar 11, 2011, 01:09 PM

Thanks. Do you know of any links/websites that may be helpful so we are sure to do it correctly?

MLSNC · Mar 12, 2011, 08:19 PM

If you don't have the instructions, you can get them on the NC Dept of Revenue website.

ebaines · Mar 13, 2011, 12:20 PM

The instructions are here:

http://www.dornc.com/downloads/D401.pdf

Note that on page 4 it says that if your spouse is not a NC resident and has no NC income you may file as married filing separately even though you file jointly for your federal return. But you must provide a breakdown of your income versus your spouse's, as MLSNC noted previously.