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R. Klein, EA
R. Klein, EA, Enrolled Agent
Category: Tax
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Experience:  Over 20 Years experience
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I have been separated from my husband and lived in a different

Resolved Question:

I have been separated from my husband and lived in a different state for the entire year of 2011. Can I file my state tax as married filing single even if we file as married filing jointly for federal?
Submitted: 4 years ago.
Category: Tax
Expert:  R. Klein, EA replied 4 years ago.

You may file as Married Filing Separate.

 

You may qualify as Head of Household if you have a qualifying child and you lived apart from your spouse for at least the last half of the year and the child lived with you.

 

You did not tell us which state you live in. Most states, but not all, allow you to choose a different filing status than your federal.

Customer: replied 4 years ago.
I live in NY and my husband lives in NE. Our minor child is in NE with him. Does that change anything in your response?
Expert:  R. Klein, EA replied 4 years ago.

Sounds like your husband could be Head of Household then.

 

New York MUST use the same filing status as your federal return UNLESS one spouse is a NY resident and the other is not (you fit the exception).

 

Nebraska has the same rule.

 

Expert:  R. Klein, EA replied 4 years ago.

Please click the Accept button to close out this question. Thanks!

 

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