Ask Experts Questions for FREE Help !
    goodtoy1229's Avatar
    goodtoy1229 Posts: 1, Reputation: 1
    New Member

    Mar 18, 2009, 12:18 PM
    State tax returns for a married couple living separately in OH and MI
    I have read couple previous posts regarding the issue. But it seems their examples can not completely fit my situation - OH and MI, since these 2 states have reciprocal agreements.

    I got married in September last year. I and my wife (US citizen) live separately in 2 states since then. She is MI resident and she has MI-based income. I live in OH (> 8 months in 2008) and have OH-based income. However, as to my residency status, I thought that since I was taking F-1 visa and a non-resident in the US (for federal purpose), I probably was not a resident in any state in the US in the past five years.

    Here are my questions for filing the 2008 state return...

    (1) For federal purpose, I become a resident this year (it is my 6th year). In this case, can I still claim I am the resident of MI instead of OH since I got married last September in Michigan and would like to move back to Michigan living with my wife?

    (2) We have filed the federal tax jointly. If I am an OH resident, should we file the state tax jointly in both MI and OH? If so, should I report her MI-based income in OH tax? Conversely, should she report my OH-based income in MI tax?

    (3) Based on the reciprocal agreements between these 2 states, if I am a MI resident, can we report jointly all my OH income as MI income, file an OH return to get all my withholding back, and then report my wife's income in MI and pay any additional we need to due to the portion of OH income?

    The situation is very complicated. :( I'd really appreciate your answers...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert

    May 11, 2009, 12:23 PM
    1) For your federal rteurn, it makes no difference which state you claim as domicile.

    2-3) If you use the recipricol agreement, you file Ohio as a non-resident to get all of your withholidng back, then claim ALL income on your Michigan return and pay taxes ONLY to Michigan.

Not your question? Ask your question View similar questions


Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.

Check out some similar questions!

State tax return for married couple living in different states [ 11 Answers ]

Dear Sir I got married in Dec 2006. My wife lived in Texas for the entire 2006 and I live in Ohio for the entire 2006. I have some questions regarding filing this years taxes. 1) If we file our federal return under "married filing jointly" status, then can we file my Ohio tax return under ...

Married filing separately: CA State Tax [ 1 Answers ]

My husband and I lived together in CA since 2005 and filed taxes jointly for the past 3 years. But we decided to be separated and he moved to Maryland at the end of Sep, 2008 and has worked there since. (I have lived and worked in CA all the year). We decided to file taxes separately for 2008....

Married, now living separately in different states for work reasons [ 1 Answers ]

Last year, we made big changes. We moved my spouse to California and are buying a home. We have been married 25 years and working/living in Michigan for 10 years. For economy issues, I now have a job in North Carolina and go visiting my spouse about every 6 weeks. How do we deal with taxes for...

State tax returns for a married couple living separately [ 3 Answers ]

We used to live together in MI, but I moved to MA alone for a new job in June 2006. My spouse is still living and working in MI. Federal tax return wise, it seems that we will have to go with the "married but filing separately" option, but the state tax return seems to be a bit tricky. My questions...

Married Dual State Tax (NY , PA).. File Separately? [ 1 Answers ]

Hi All, I have a question. I recently started a job here in PA (state flat rate tax ~3.07%) and commute back to NYC on the weekends. My wife still lives/works in NY (city and state ~10%). We haven't decided on whether to move to PA or not. For this year should I change my address to a place...

View more questions Search