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Tax Law (Questions About Taxes)/Spouses filing residency in two different states

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Question
I'm serving active duty army and my spouse and I separated over a year ago (not legally). I'm a resident of South Carolina and she moved back to North Carolina. We would like to file federal taxes as joint to take advantage of tuition credits. One or both of us would probably have to pay in if not. For less than half the year she had a job in SC also. This is how I would like to file:
Me: SC
Spouse: NC & Part-Time SC

Can this happen?

Answer
Stanley,

Thanks for your question.

The answer is a qualified "Yes."  You can file that way, but it is somewhat complex and available only under certain circumstances.

This link is to the NC rules for filing status.  http://www.dor.state.nc.us/taxes/individual/status.html

This link discusses SC filing.  http://www.sctax.org/NR/rdonlyres/36D6E7DD-C4DE-4A78-8625-2F2C41B049BF/0/3Chap3.

Hope this helps.

John Stancil, CPA

Tax Law (Questions About Taxes)

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John Stancil, CPA

Expertise

I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at www.mybaldcpa.com. I also offer seminars and consultations to churches and clergy on their tax issues at www.churchtaxsolutions.com Also visit my blog, www.thetaxdocspot.com. I am listed on Tax Connections at https://www.taxconnections.com/profile/John-Stancil/12258973 Prepare and file your own taxes at www.1040stancilcpa.com

Experience

I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

Organizations
FICPA, NATP, NCPE Fellowship, Lakeland Business Leaders

Publications
The CPA Journal, Florida CPA Today, Green Consumer, Green Business, Global Sustainability as a Business Imperative, Palmetto Review, NATP TaxPro Quarterly, Mustang Journal of Finance and Accounting.

Education/Credentials
DBA University of Memphis MBA University of Georgia BS in Accounting Mars Hill University

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