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April 6, 2023
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Have only one home, but rent an apartment out of state for work

  • April 6, 2023
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We have our only property in DC, but due to my husband's job change to a FL, we rent an apartment for him to live in FL. I live most of the time in DC and am self-employed with a very insignificant income.  In our situation, if we claim FL residence (since my husband lives over 1/2 year in FL) and he makes the most income, how should we report our home in DC.  It's not a 2nd home or rental, since I live in the house.  In addition, we have no mortgage on the house, so there is no interest to be reported or deducted. 

Best answer by TomD8

We would sell the home in VA, buy in MI, and rent in AZ. Would the rental in AZ count as a second home? Unsure what the tax implications are of spouses living in different states for most of the year. 


If you sell your home in VA and move to MI, then you become a resident of MI on the day you begin living there.  In the year of the move, you would file as a part-year resident in each of the two states and allocate your income accordingly.  The state in which your main or primary residence is located is known as your state of domicile.  Your domicile state can always tax all your income regardless of its source.  You can have only one domicile at a time.

 

Other states can tax you as a non-resident on income you earn by physically working within their borders.  And most will tax you as a resident if you live there for more than half the tax year.  Being taxed as a resident means ALL your income is taxable by that state, as well as by your state of domicile.

 

A taxpayer renting and working in a non-domicile state would have to file both a non-resident tax return in that state (reporting the income earned there), plus a resident return in their home state (reporting all their income, including their earnings from the non-resident state).   And if the taxpayer lived long enough in the non-resident state, they might have to file as a resident in each of two states, reporting all their income to each.

 

When a taxpayer has income that is taxed by two states, the domiciliary state will normally grant a credit on its tax return for taxes paid to the non-domicile state.  This prevents double taxation, which is prohibited by federal law.

@Dblond906 

 

1 reply

April 6, 2023

You can only have one primary residence.  If that is going to be in Florida then the house in Washington DC is your second residence.  Since you aren't trying to deduct any expenses for it that won't make any real difference on your federal tax return.  But it may make a difference on your DC tax return (if you have to file one) and your property tax bill.

 

@yinglam 

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yinglamAuthor
April 6, 2023

Thank you for the prompt reply.  Since I have no expenses to deduct, where do I fill out the information for my DC home or can I just leave it out of the Federal return?

DMarkM1
April 6, 2023

You can enter the homeowner itemized deductions in the "Deductions and Credits" section.  Scroll down to "Your Home" and "Show More."  There you will see option to enter real estate (property taxes) for state/local tax deduction. If your itemized deductions do not exceed your standard deduction then they will not matter on your federal return.  

 

If your household income does not exceed $57,600 you may qualify for a homeowners property tax credit on your DC return.  In the DC interview you will arrive at a page asking if owned a home in DC for all of 2022. Answer yes and enter the property tax information.  

 

Note:  You do need to file a joint resident DC tax return since you maintained an abode in DC for more than 183 days whether or not you were domiciled there.  

 

Here is the DC reference.

 

 You do not have a FL state filing requirement as FL does not have a state income tax.    

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