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Nelly Ann Sanchez

Question - Married filing jointly or separate - Federal vs State Taxes

By Nelly Ann Sanchez in Tax & Finances During US Immigration

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Nelly Ann Sanchez Newbie

Nelly Ann Sanchez   0

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Hi, I'm a US Citizen, my husband is currently a Non-Resident Alien. As I'm filing my taxes (and this will be part of our AOS process), I see that I'm able to file the Federal Tax as "married filing jointly" and the State Tax from Massachusetts does not let to file as "married filing jointly". Has anyone got a similar issue? I'm searching for advice on how is the proper way to file the taxes. 

 

Thank you in advanced!!

Crazy Cat Grand Master

Crazy Cat   41,975

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To file a federal joint return, your husband must have either a Social Security number or an ITIN.  Otherwise, you can file "Married- Filing Separately"..... or "Head of Household" under certain circumstances.  

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Nelly Ann Sanchez Newbie

Nelly Ann Sanchez   0

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Just now, Lucky Cat said:

To file a federal joint return, your husband must have either a Social Security number or an ITIN.  Otherwise, you can file "Married- Filing Separately"..... or "Head of Household" under certain circumstances.  

Yes - thank you for your quick response. We already have the W-7 (ITIN request form) to send to the IRS with the 1040 "Married Filing Jointly" for the Federal Tax.

 

Where I am troubled is that for State Taxes it says that if spouse did not live in Massachusetts, it can't be filed as "Married Filing Jointly".

 

any suggestions for this?

SteveInBostonI130 Experienced

SteveInBostonI130   3,467

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If your husband is in MA and you are going though adjustment of status, then you can file Married filing jointly.   If your husband is not in MA, then you need to file Married filing separately.

 

However, you need to wait until you have your husband's ITIN.   You can file for an extension for MA taxes until you get that number.  Alternatively, you can file as Single now and amend that tax return later, even next year, after you get your husband's ITIN.   I had to file as Single for my 2019 MA taxes and send an amended 2019 tax return after my wife received her ITIN.

Nelly Ann Sanchez Newbie

Nelly Ann Sanchez   0

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41 minutes ago, SteveInBostonI130 said:

If your husband is in MA and you are going though adjustment of status, then you can file Married filing jointly.   If your husband is not in MA, then you need to file Married filing separately.

 

However, you need to wait until you have your husband's ITIN.   You can file for an extension for MA taxes until you get that number.  Alternatively, you can file as Single now and amend that tax return later, even next year, after you get your husband's ITIN.   I had to file as Single for my 2019 MA taxes and send an amended 2019 tax return after my wife received her ITIN.

Thanks a lot! This was helpful. :)

 
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