MFJ but separate & live in different states

[HV Ken]

Have a couple - still married, no legal separation, but for all intensive purposes they are no longer together.

One lives/works in NY and the other lives/works in CT. They own the house together in NY and the one in NY lives in the house.

Suggestions on how to file the return? How do you file resident returns, one for each spouse in their respective states? States either offer resident, part-year resident, and non-resident, but don't seem to handle the case where one is a resident of one state and the other is a resident of the other state. Any thoughts?

[kcjenkins]

I'm assuming they are filing a federal MFJ? Some states allow married people to file separate STATE returns. For those which do not, chose the NR Return, so you get to allocate.

[HV Ken]

Are you suggesting filing PR/NR for both states (if MFS doesn't work out)?

[jklcpa]

Wife may or may not have that choice in CT. I think that's one of the states that has # of days rules where if you are in the state more than so many days, you are considered a resident. Did she actually live in CT the entire year, where is she legally domiciled?

[HV Ken]

Hi Judy - yes, the one in CT (I never indicated who it was!!) will live in CT the entire year, and the one in NY will live in NY the entire year.

[kcjenkins]

Are you suggesting filing PR/NR for both states (if MFS doesn't work out)?

Yes. If the states require the use of the same filing status as the feds. Or if you have the option of either MFJ or MFS, try it both ways, and go with the best overall option.

[Lion EA]

CT generally requires the same filing status as the federal return. But, one of the exceptions is if the spouses reside in CT for substantially different times, then CT allows MFS. (FIled returns for a long-time CT resident who married a service woman stationed in Japan who was a MA resident.) Don't know what NY requires.