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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29535
Experience:  Taxes, Immigration, Labor Relations
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I was a resident of OH from jan-Jul 2007, then became a resident

Customer Question

I was a resident of OH from jan-Jul 2007, then I became a resident of FL in Jul 2007. My husband remained a resident of OH until Jan 2008. When we filed our 2007 taxes, the accountant said we had to file jointly for the state of OH, which ended up costing us a signficant amount of money. Could we have filed separately, myself as a resident of FL, and my husband as a resident of OH? If yes, can we file an amended tax form?
Submitted: 8 years ago.
Category: Tax
Expert:  Lev replied 8 years ago.

If you and your spouse filed a joint federal income tax return, you generally MUST file a joint Ohio income tax return.

If you and your spouse filed separate federal income tax returns, you MUST file separate Ohio income tax returns.

So - in order to file separate returns - you need to file separate federal returns - however you may not amend your federal return changing the status from MFJ to MFS after due date of the return - therefore - you may not amend your OH state tax return at this time.

 

However you may file as a primary taxpayer and mark yourself as part-year residence. Than you would file schedule D to apportion your OH income.

http://tax.ohio.gov/documents/forms/ohio_individual/individual/2007/PIT_IT1040.pdf

http://tax.ohio.gov/documents/forms/ohio_individual/individual/2007/PIT_IT1040_Instructions.pdf

 

I suggest to discuss this approach with your tax preparer.

Lev and other Tax Specialists are ready to help you
Customer: replied 8 years ago.
Do I understand your answer correctly -- I cannot file an amended federal tax changing status to MFS, and the OH schedule D can be used in the future, but cannot be filed as an amended to my 2007 return.
Expert:  Lev replied 8 years ago.

Yes - you are correct - after return due date - that is April 15 - you may not amend your federal return from MFJ to MFS.

Because OH filing status should be the same as you used on the federal return - you may not file MFS on your OH return

 

However - even filing as MFJ - you may use OH schedule D. To do so - you should be listed as a taxpayer and your husband - as a spouse on the IT1040. In this case you will mark yourself as part-year resident and fill schedule D.

I suggest to discuss this approach with your tax preparer.