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Level 2
January 13, 2021

Husband and wife now residing in separate States

  • January 13, 2021
  • 1 reply
  • 12 views

My client and her husband usually file a joint tax Federal and Hawaii State tax return. Both are now retired. They have a rental property in a Single-member LLC (Michigan) wholly owned by a Multi-member LLC (Hawaii) of which they are both members. Last year the husband moved to Michigan to look after his elderly father and became a Michigan resident.  His wife remains in Hawaii as a Hawaii resident. Can they still file a joint Federal Tax return? What would be their filing status?

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    1 reply

    IRonMaN
    Level 15
    January 13, 2021

    Unless they filed for divorce along the way, they are still married which means they can file a joint return.

    Slava Ukraini!
    CherylleAuthor
    Level 2
    January 13, 2021

    Thanks and how would they file State Tax returns?

    IRonMaN
    Level 15
    January 13, 2021

    The same, unless filing separate is an available option and more beneficial in the two states.  

    Slava Ukraini!