- April 10, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Should I File Jointly or Separately?
Many people advise filing jointly for tax benefits, but in my current situation, I’m considering whether it would be more convenient to file separately.
I am a military member stationed in Maryland with my legal home of record in New York. As I do not maintain a home in New York but do in Maryland, I file taxes as a New York non-resident and pay no state tax on my military income. However, my wife is a Maryland resident.
According to administrative release #1, military servicemembers domiciled in a state other than Maryland and married to a resident civilian spouse with income must file a joint Maryland resident return along with a pro forma joint Maryland non-resident return as an attachment. This means filing a non-resident New York return, a joint Maryland return (form 502), and a joint Maryland non-resident return, the last two of which cannot be submitted electronically for this particular scenario.
Considering the complexity and inconvenience of filing jointly in my situation, it may be more straightforward to file separately. Both my wife and I have similar gross incomes and no dependents.
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****** just grabbed a
Is your wife willing to claim NY residency along with you (giving up her MD residency)? If so, she can do that and should be able to file a non-resident return in MD to get her taxes back (and pay appropriate NY taxes).
I’m in a similar situation. OR resident, stationed in MD. I own a home in MD. My wife lives with me and works remotely for a company based in CO. We realized earlier this year that her company was withholding for MD, likely because they didn’t know about MSRRA, so we just left it knowing it would get fixed when we did our taxes. DFAS correctly withholds my pay for OR.
In our case, the software automatically recommended a resident OR tax return for both of our incomes and a MD non resident for hers. Filing jointly.
The way I understand the numbers, MD is refunding what was withheld from her pay and OR is taxing us both. Based on everything I’ve read, this is the correct outcome. This checks out as we have a huge MD refund and a much smaller OR refund. If I change the MD refund to resident, that refund goes way down and OR goes up by a similar amount.
Super confusing. Gotta love taxes!