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Spouses living in different states part year---how to handle on pro series

JeffCPA
Level 4

Good morning.   Fact pattern:

Wife is a full year resident in PA and has earned income of her own in PA in 2024 

Husband lived with wife together in PA for first two 2 months of 2024 and had some minimal income in PA during those two months. 

Husband then takes job in MD and has income in MD and moves to MD as is a resident there for 10 months of year.   Husbadn expects to remain living and working in MD for forseeable future.  MD has a rule I believe that if you sleeep so many nights year in MD, you are deemed a resident. 

Wife is a full year resident of PA;

Husband is is part year resident of PA and a part year resident of MD.

I've done MFJ split where each spouse is a full year resident of different states, and they file jointly at federal level, but then file separate state returns.    I have my ideas about how to handle the above, but curious as to other's thoughts here. 

Maybe I just treat husband as a full year resident of PA with Wife, and then split him off to file his own MD return.   Not sure how to have husband file a his own separate PA party year resident, from wife.   Maybe don't really need to. 

 

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1 Comment 1
sjrcpa
Level 15

Given your facts I think the husband has to file part year MD and part year PA.

Can you file federal joint and then split the return into husband and wife and prepare separate returns from the new separate files?


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