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Filing US Taxes with a twist | | Published by: anonym 2010-03-13 |
Cast of characters: G started out the year as a single F-1 Visa holder
in Massachusetts and ended the year as a married US permanent resident
in California. K started the year as a single US Citizen living in
Massachusetts, but having legal residency in New York, and ended the
year as a married California resident.
The events: G & K married in February 2002. G gets green card in
August, one day before both G & K move to California.
The question: How do they file their federal and state taxes?
I understand that whatever advice I am getting here is not legally
binding, but I'd still appreciate it if those who attempt to answer
this question have some experience with American tax law (and/or can
provide a specific link to irs.gov for every part of your answer).
As far as I understand it, G & K could file one joint federal income
tax form (as long as G is willing to forgo his potential 1040NR
deductions for the first month of the year). Is that correct?
The problem now is the state returns. If filing as a single, K would have to file a
resident state return for New York and a non-resident state return for
Massachusetts through August and then file a resident state return for
California thereafter. G in turn would file a non-resident state
return for Massachusetts through August and also a resident state
return for California thereafter. Is it possible at all to file a
joint federal return and single state returns? i.e., can G & K combine
their resident California state returns and still file single New
York/Massachusetts returns?
Feel free to give any other advice you see fit. I will tip
accordingly. I'm a Google Answers Researcher myself, I just can't see
myself figuring this one out by myself.
Thanks,
gwagner-ga
I'm not a reasercher, just a CPA/Tax attorney who deals primarily with
business taxation, but I have moved around the country quite a bit. I
have never dealt with the F-1 question, so I cant answer it without
more research. As for the state questions, you are in the typical
mess in which newlyweds find themselves the first year. Yes, you will
each need to file the various states where each of you lived with
appropriate allocations to each state. The allocations likely will be
involved. I'm not certain that a commercially available personal
software package will adequately address your situation, you may need
a professional who has dealt with these types of situations. Your
best bet at finding someone who knows what is needed for your return
is to find someone who has been in a similar situation in the past and
use who they used. There also should be an IRS publication regarding
your situation.
I will be glad to answer anything I can, but I am in NC.
Carl Cochrane
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