Can I file a joint Colorado return if my spouse and I have different residency statuses?
Yes, if one spouse is a resident of Colorado and the other is not, you can file a joint Colorado return and choose the Part-Year or Nonresident residency status.
When claiming the Nonresident status on our software, there are some limitations. Nonresidents can't claim the Disability Assistance Credit, Child Tax Credit, or the Earned Income Tax Credit for ITIN Filers or Certain Filers Under Age 25 Credit. Part-year and nonresidents also can't claim State Sales Tax Refund (TABOR). If the resident spouse needs to claim any of these items, the spouses should file with different residency statuses.
To file with different residency statuses, you'll need to file as Married Filing Separately on both your federal and Colorado returns. To do this, you'll need to set up two separate FreeTaxUSA accounts and file your returns separately.
When claiming the Nonresident status on our software, there are some limitations. Nonresidents can't claim the Disability Assistance Credit, Child Tax Credit, or the Earned Income Tax Credit for ITIN Filers or Certain Filers Under Age 25 Credit. Part-year and nonresidents also can't claim State Sales Tax Refund (TABOR). If the resident spouse needs to claim any of these items, the spouses should file with different residency statuses.
To file with different residency statuses, you'll need to file as Married Filing Separately on both your federal and Colorado returns. To do this, you'll need to set up two separate FreeTaxUSA accounts and file your returns separately.
