Hi Tina,We (my wife and I) have recently purchased a condo in Atlanta Georgia. Our oldest daughter is living in the condo full time and is fully our dependant. We own another house in Michigan. We have two other daughters, one who goes to a Michigan college and one that goes to a Michigan High school.Can we file taxes seperately having my wife take the condo and oldest daughter on her tax return. We would like for both of them to claim residency in Atlanta Georgia as there primary domicile. The thought is that we could get the homestead exempition and in-state touition.I would then get the homestead exemption for our Michigan property and claim our other two daughters.It seems possible to us that since we are paying Georgia taxes and our dependant daughter is living in the condo full time that this scenerio may be possible.
State/Country relating to question: Georgia
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Im sorry I'm going to have to opt out of this one for another expert.
You need to talk to an accountant or a tax attorney. Let me see if I can route the question to get you some help.
Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.Thank you for asking this question. What you've described to me sounds like a viable and smart scenario. Your tax domicile should be where you reside and where you work. However, you shouldn't run in to many problems so long as you and your wife have it straight which daughters are claimed in each location. Keep in mind when you file separately you will be limited in some tax benefits that are available to you. However, if the savings to you via the homestead exemptions and the tuition break for your daughter in Georgia are greater than the cost of lost tax benefits, this could be the best option for you. I would suggest having the same accountant do all tax returns, so that you don't accidentally both claim some of your daughters. Where you would run in to issues with the IRS is if both of you claimed one or more of your girls. You also have to be careful when claiming your primary and secondary residences on your itemized deductions - make sure everything for that is properly separated. For the most part, generally speaking filing separately will yield the IRS more money, so they aren't going to be too upset about your decision. Please take a moment to rate my service as "Great Service" so I can be compensated for my efforts with you today. I do not get paid if you do not rate my service "Got the Job Done" or higher, and am also penalized. Thank you for your kind consideration in this matter.
Ok, i get the recommendation concerning the tax situation.Where I need the advice is legal domicile. Can my wife have a legal domicile different than mine? We both are legal owners of both properties. Does the fact that my daughter is living in the condo full time and my wife part time allow her to claim it as her legal domicile and take the homestead exemption?
You shouldn't have a problem with that. There's no law that says you have to live with your wife or claim the same domicile.
Does the fact that my daughter is living in the condo full time and my wife part time allow her to claim it as her legal domicile and take the homestead exemption?
To claim domicile, one typically has to live somewhere "full time" which is more than 1/2 the time. However, I cannot begin to imagine how one would prove or disprove where their primary residence is, particularly if utilities, title to property and the filing of taxes were occurring in a given state. Keep in mind that your wife claiming domicile in Georgia will open up her earnings to state tax in Georgia as well. She will need to file state taxes and pay Income Tax in that state as well.
Graduate Accounting Degree from Ole Miss