Married filing jointly/separately - One spouse part year resident

sammypaige
sammypaige Member Posts: 11 Level 2

Hello, I’m having a hard time figuring out how to file with my spouse this year. We filed separately last year but would like to filing jointly if possible.

I’m a full time resident of Minnesota who works in Minnesota. My spouse moved from Wisconsin to Minnesota in February of last year. She also works in Minnesota and has had to file as a nonresident for the past few years. I’m assuming she has to file a part time resident return this year?

I understand in Minnesota you have to file both federal and state either jointly or separately. With my spouse having to file a part year resident return for Wisconsin, do we even have the option of filing jointly?

 Thank you! 

Comments

  • kiarab
    kiarab FreeTaxUSA Agent Posts: 99

    Hello,

    While most states have you use the same filing status as your federal return, WI does allow you to choose. If you would like to file jointly, and you otherwise met their requirements (see page 12 of the link below), you can do so.

    Most of the time, spouses that live in different states file separately, so both of their incomes are not taxed by both states. Since your spouse is a part-year resident, and you are a non-resident, you should be able to file a joint part year return and only report the income that is taxable to WI.   https://www.revenue.wi.gov/TaxForms2024/2024-Form1-Inst.pdf