USA Help with residency and tax information for retiree

[Kathy S]

Hi everyone:
I have full residency in Nevada and work here. My husband is a retiree and has Michigan taxes taken out of his pension/SSI. We have a home in Michigan but he is with me over 6 months a year and his name is on my lease. We were told if one spouse has residency in another state, then the other spouse is considered a resident also. Is this true for Michigan taxes? or does he still have to pay taxes in Michigan?

 

[Drmdcpa]

Not true. Spouses can be residents of different states.

Residency is determined by a preponderance of facts including intent. Where do you spend most of your time? Where does your mail go? Where is your car registered? Where did you get your drivers license? Where are you registered to vote? Are some of the basic questions used to determine residency.

 

[Kathy S]

Not true. Spouses can be residents of different states.

Residency is determined by a preponderance of facts including intent. Where do you spend most of your time? Where does your mail go? Where is your car registered? Where did you get your drivers license? Where are you registered to vote? Are some of the basic questions used to determine residency.

If he has a Michigan drivers license and registration does that automatically make him a Michigan resident for state income taxes on his pension or can he get the money back if he lives at our Nevada residence with me over 6 months of the year. There isn’t any state tax in NV. It’s not a clear cut and dry answer.

 

[Drmdcpa]

The answer you were given is correct. Perhaps rereading it might help.

 

[AGH the CPA]

this might help:
https://www.michigan.gov/documents/taxes/3799_373276_7.pdf