mfj, but live in 2 different states. which one is home?

[schirallicpa]

Lovely bitter and battered couple living apart for some time now unable to come to a divorce settlement.  One lives in Md, and the other in NY.  Court has told them to file jointly.  (This is the 2015 return.  The 2016 returns are filed separately.)  The 2014 return was filed jointly in Florida.  Which address should I use?  Taxpayer wants whats most tax beneficial.  Spouse wants Md address so she can collect the check in her mailbox............

I have come to the conclusion over the years that there should not even be a joint tax return.  Everyone should just file their own independent return.  No exemptions, no deductions.   Just calculate your tax and pay it.

[Catherine]

Flip a coin for the address to use?  Get the court to choose?  This one is a nasty problem, you have my sympathies.  

[Gail in Virginia]

If they file the federal return jointly, can they file the state returns separately?  And can they do direct deposit to multiple accounts so that each gets the portion of the refund (if any) they are entitled to? 

If not, I am not sure how you will handle this.

[Abby Normal]

Maryland lets married couples who filed joint federal returns but were domiciled in different states on the last day of the tax year file a MFS return, but it will have to be paper filed.

NY has the same thing.

Splitting the refund to multiple accounts is the best option. You don't want a check made out in both of their names.

[ILLMAS]

2 hours ago, schirallicpa said:

Lovely bitter and battered couple living apart for some time now unable to come to a divorce settlement.  One lives in Md, and the other in NY.  Court has told them to file jointly.  (This is the 2015 return.  The 2016 returns are filed separately.)  The 2014 return was filed jointly in Florida.  Which address should I use?  Taxpayer wants whats most tax beneficial.  Spouse wants Md address so she can collect the check in her mailbox............

I have come to the conclusion over the years that there should not even be a joint tax return.  Everyone should just file their own independent return.  No exemptions, no deductions.   Just calculate your tax and pay it.

Oh man, let the attorneys file it and just sit back and watch.

[schirallicpa]

Thank you Abby Normal - I didn't know that!

 

[schirallicpa]

7 hours ago, Gail in Virginia said:

If they file the federal return jointly, can they file the state returns separately?  And can they do direct deposit to multiple accounts so that each gets the portion of the refund (if any) they are entitled to? 

If not, I am not sure how you will handle this.

Cannot direct deposit with amended returns

 

[SaraEA]

Divorce courts are civil courts and do not trump federal law.  One of these spouses can choose to file 2015 separately and that's fine with IRS (could face contempt charges in civil court though if the other spouse disagrees).  If this is not an amended return, let them file jointly with no direct deposit.  The refund check will be issued in both names so neither can cash it alone.  Then the check can be given to one of their attorneys (doesn't matter which) and become part of the final settlement.  Check state rules though.  Some states require MFS filings if the spouses lived in different states even though they filed federal MFJ.

I had a couple whose divorce became final in Sept or Oct but their divorce decree ordered them to file a joint return for that year.  What did I say about civil courts vs. federal law?  Makes you wonder about the competencies of the attorneys who agreed on this and the judge who rubber stamped it.