Tax HELLp!! What should we pick as residency status for Michigan and Virginia?

My husband moved to Virginia last March. I stayed here in Michigan in the home that we jointly own. We are married filing jointly for Federal, Michigan, and Virginia 2007 taxes. His name is listed first on the taxes since that is how we have filed in years past, but we are using the address here in Michigan. What do we pick as residency status for each state? Full- time, part-time? He is technically a VA resident - has a DL home, income there. I am a Michigan resident, and we own real estate here. I don't think it matters for 2007 taxes, but we just divorced in March 2008. The question is not whether we should file jointly (we plan to file jointly for both Michigan and Virginia). What I want to know is residency status to check for each state - my husband was a resident of VA from 3/07 on, and I was a resident of Michigan for all of 2007. Do we file "full time resident" in Michigan because we own property here, or "part-time resident" because my husband moved to VA? Or do we have to file separately across the board to fix this problem?

Public Comments

  1. If you are filing jointly, there is a question about state residency for each one, to determine part residency. If even one of you worked in either state, then you must jointly file state tax returns.
  2. You really need to ask a professional tax preparer from your area. Residency laws vary from state to state and any answer you get here could be wrong. I work for one of the large companies and we just had a similar situation. Each state involved had different requirements. This is also similar to military families where one spouse has a home of record different than the other spouse.
  3. I agree with BigDog50. Contact a professional or go to each State tax website. In many cases you will get credit from taxes paid to another State, you just want to make sure you get the correct State. I also believe part of this answer would hinge upon addresses on Drivers Licenses and your status as of December 31, 2007.
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