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Tax.appeal.168
Tax.appeal.168, Tax Accountant
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My husband and I live in Pennsylvania and are looking to buy

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Hello, my husband and I live in Pennsylvania and are looking to buy a second home in Florida. My husband is a consultant and does a lot of traveling. The company he works for has an office in Florida and he has clients that he works for regularly in Florida. I am unemployed and have no income. He would like to use our home in Florida as his primary residency (if possible) while I would maintain my PA residency for our home in PA. Is this possible? What would he need to do to declare himself as a Florida resident? Would he still be considered a part time resident of PA where he'll have to pay PA state taxes? If this is possible, what are the steps we need to take to have him declare Florida as his primary residency and not have to pay PA state taxes? Would I be able to maintain my PA residency or do I also have to declare Florida as my primary residency? If this is possible, what are some potential pitfalls and what can my husband do to prove and protect his Florida residency? What would he need to show to PA to prove that his Florida residency is his primary residency? We would like to file our Federal Income Taxes status as married filing jointly and our state income taxes status as married filing separately, is this possible or is this how we would file if we're able to have his Florida primary residency and my PA primary residency? Is there any other legal barriers that we need to take into consideration if we are able to declare separate primary residencies?
Submitted: 9 months ago.
Category: Tax
Expert:  Tax.appeal.168 replied 9 months ago.

Q1: Is this possible?

A1: Yes, the two of you can still file married filing jointly for convenience with him residing in Florida and you residing in PA. You can simply complete change of address form, Form 8822 with the Florida information. Florida does not impose income tax on individuals, so you are fine as it relates to the state tax rules. based on the following information, you are also allowed to file married filing jointly for the state of PA. Refer to the following webpage for more detailed information regarding this matter.

http://www.revenue.pa.gov/FormsandPublications/FormsforIndividuals/Documents/Personal%20Income%20Tax/2014/2014_pa-40in.pdf

(Page 6)

Link to Form 8822 (Change of Address):

https://www.irs.gov/pub/irs-pdf/f8822.pdf

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Q2: What would he need to do to declare himself as a Florida resident?

A2: Refer to the following link for detailed information on how to declare residency in Florida.

http://www.wikihow.com/Become-a-Florida-Resident

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Q3: Would he still be considered a part time resident of PA where he'll have to pay PA state taxes?

A3: For the first year he would be considered a part year resident for both Florida and PA. After he establishes his residency in Florida, he will be a resident on Florida. When you file the PA state tax return, after the first year, he would be shown as a non-resident on the PA state tax return and you as a resident.

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Q4: Would I be able to maintain my PA residency or do I also have to declare Florida as my primary residency?

A4: You can maintain the PA residency as long as you are a resident of PA.

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Q5: If this is possible, what are some potential pitfalls and what can my husband do to prove and protect his Florida residency?

A5: I don't see any potential pitfalls of him living in Florida and you living in PA. As far as proving his residency in Florida, a Florida drivers license, mailing address and vehicle registration should do it.

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Q6: We would like to file our Federal Income Taxes status as married filing jointly and our state income taxes status as married filing separately, is this possible or is this how we would file if we're able to have his Florida primary residency and my PA primary residency?

A6: Based on information found at the following link, because one of you will be living outside the state of PA, you can file the state return as married filing separately. Refer to the following link;

http://www.revenue.pa.gov/FormsandPublications/FormsforIndividuals/Documents/Personal%20Income%20Tax/2014/2014_pa-40in.pdf

(Page 7)

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As mentioned above, file the PA state return showing him as a part year resident for the first year and you as a resident. For future years, he would be shown as a non-resident on the PA tax return if he is still living in Florida.

Q7: Is there any other legal barriers that we need to take into consideration if we are able to declare separate primary residencies?

A7: None that I can think of.

Let me know if I can be of further assistance to you regarding this matter.

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