Can I file a joint West Virginia return if my spouse and I have different residency statuses?
Our software currently supports the following state residency statuses if you are Married Filing Jointly:
If your spouse and you do not fit either of these statuses, you have the following options:
If your spouse and you choose to file as Married Filing Separately on your state return due to different residency statuses, you can still submit a federal return with the Married Filing Jointly status in a separate account.
- Both spouses have the same residency status
- One spouse is a resident of West Virginia for the whole tax year and the other spouse is a nonresident for the whole tax year (in this case, you may both file as full residents)
If your spouse and you do not fit either of these statuses, you have the following options:
- Change both spouses to the same filing status
- File as Married Filing Separately on both the federal and West Virginia returns
- Create 2 more separate accounts on FreeTaxUSA for your spouse and you and file as Married Filing Separately for your state return
If your spouse and you choose to file as Married Filing Separately on your state return due to different residency statuses, you can still submit a federal return with the Married Filing Jointly status in a separate account.
