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Do we have to do MFS if husband and I have different residency dates for MA

rbt5145

Husband and I moved from MA to CA last year, but our moves were four months apart. It almost seems like we have to file separately, not just for MA, but also for federal, if we want to be fully compliant with MA guidance. That would be a huge tax bill for us so we want to make sure we are not missing anything. Any and all insights appreciated!

MA DOR: "a joint return isn't allowed if both you and your spouse weren't Massachusetts residents for the same portion of 2025."
Also MA DOR: "married couples must file a joint Massachusetts return if they filed a joint federal income tax return, unless one of the spouses wasn’t required to file a Massachusetts return because their Massachusetts gross income was $8,000 or less." We don't qualify for this "unless".
And finally, "The Department of Revenue will issue guidance providing for an exemption from the requirement or an adjustment in some cases where one or both spouses is a nonresident. " I'm not seeing additional guidance related to this.

Link: https://www.mass.gov/info-details/filing-status-on-massachusetts-personal-income-tax#married

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Comments

JMSSGV

I would suggest contacting the MA DOR and asking them what you're supposed to do. They can't force you to file your Federal return separately.

TaxMorgan

Hello rbt5145,

It does seem that the MA instructions are contradictory so I would echo JMSSGV and clarify with the MA DOR what you should do. Likely, you will be able to file separate MA returns and still file jointly for Federal.

Our software doesn't allow for a separate filing status on a State return from what is on the Federal return so if you file a joint Federal return and would like to file separately for MA you would do so in 3 accounts:

-The first account is the account with your MFJ Federal return and any joint state returns.
-The second account is for you only. Enter your information for MFS for both Federal and MA, then you would select to mail the returns and only mail the MA return
-The third account is for your husband only and you do the same for him as in your separate account.

rbt5145

Thanks everyone. I called MA DOR and confirmed that we will be able to do MFJ Federal and MFS MA. I think the rationale was to prevent families with joint income >$1M from filing separately to get around the millionaire surtax. Since our income was below $1M, DOR had no problems with us filing separately.

Now, onto creating two more accounts…