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How create 2 state tex return when tax payer move to other state to work

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Level 1

Hi,

How we submit the tax return when taxpayer move to FL for full time job from AR and spouse remain in AR.

How we file tax return marred file joint?

Do tax payer pay the AR taxes while work and live in FL and spouse live in AR?

Thanks,

Tariq

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Level 11

First, you're fortunate that Florida does not have a state individual income tax. So you'll be filing only one state return -- Arkansas.

How you do that, depends on the husband's domicile and whether he has abandoned his domicile in Arkansas.  Domicile has two requirements: physical presence, and intent to stay.  He meets the first, so the question is the second. Does he plan on staying in Florida, and perhaps bringing his wife there when their job situations allows?  Or does he plan on returning to Arkansas when employment allows, and meanwhile gets back to visit as often as possible?  If he doesn't intend to stay in Florida, he's still domiciled in Arkansas -- and a full-year resident for paying taxes there.  

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Highlighted
Level 11

First, you're fortunate that Florida does not have a state individual income tax. So you'll be filing only one state return -- Arkansas.

How you do that, depends on the husband's domicile and whether he has abandoned his domicile in Arkansas.  Domicile has two requirements: physical presence, and intent to stay.  He meets the first, so the question is the second. Does he plan on staying in Florida, and perhaps bringing his wife there when their job situations allows?  Or does he plan on returning to Arkansas when employment allows, and meanwhile gets back to visit as often as possible?  If he doesn't intend to stay in Florida, he's still domiciled in Arkansas -- and a full-year resident for paying taxes there.  

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Level 15

Gone were the days when Florida residents were liable for intangible tax.

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Still an AllStar
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Level 8
Level 8

Florida has some requirements for establishing residency. More than intent. 

@itonewbie  Thought i was the only one old enough to remember the Fl intangibles tax. 

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Level 15

@SkylaneThose were the days. 😅

Agree, establishing domicile is always not than a matter of intent.  It needs to be backed up by a set of facts (the usual garden variety considered by courts and sometimes incorporated in state regulations) that can substantiate that intent, on top of merely a physical relocation.  And special to FL is the formal declaration of domicile - it's probably more widely known in the legal and tax circle but less so to the general public.

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Still an AllStar
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