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Charles Markham
Charles Markham, EA, MST, USTCP
Category: Tax
Satisfied Customers: 769
Experience:  IRS Enrolled Agent, US Tax Court Practitioner
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I need an all state specialist for this question. My clients

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I need an all state specialist for this question.
My clients are married. Their mailing address is the state of Maryland. The wife lives in Maryland. During the week, the husband works in Virginia and resides in West Virginia. He comes home to Maryland on weekends. His employer deducts taxes for the state of West Virginia. The husband's license was issued by the state of Georgia.

How should I prepare the state taxes? Which forms? I know the wife should file married filing separately for the state of Maryland, but I am unsure how to file the husband.

TaxWhisperer :

West Virginia and Virginia are what are known as "reciprocal states". This basically means that they say to each other "I won't tax your residents, if you don't tax mine." Anyway, he does not need to file a tax return in VA. His employer is withholding correctly. He files a tax return in WV and pays taxes as a resident on the wages. Now each of them can file MFS in each state, but you might lookinto filing jointly and reporting the earnings and claiming tax credits for each state. I don't know, it might be lower and in theory easier for you to prepare.

Customer: replied 5 years ago.

The husband and wife did not earn any money in the state of Maryland. Should I file them as married filing jointly as part residents of Maryland and West Virginia?


I have carefully re-read the question. I see the wife lives in Maryland, but doesn't have any income. This is one of the situation where you try different filing scenarios and see what you like. Here are options:



1. File wife as resident of MD on a MFS basis. This should result in no tax, but it gets the statute running.

2. File husband as MFS for WV as a resident.


3. File H&W MFJ in WV. (Only he has income)

4. File MFJ in MD (and claim tax credit for WV)


5. Its quite reasonable to not file a MD tax return since she has no "filing status" in MD, but I think it's better to file a tax return.


It sounds like the address to be used on the various returns is the WV return.


I hope I am helping you. There is NO ONE SINGLE ANSWER. The answer is whatever results in the lowest taxes,


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