i1040ez-page-001I’ve already filed my taxes, and received and spent my refund (such as it was).  My daughter asked me a question yesterday about HER taxes, and I have no clue where to go for the answer.

She and her husband were married in Jan. 08.  They were in a combat zone (Iraq) for the first 10 months of the year, so they are not required to pay tax on any of that income.  They were in Germany for the last 2 months; all of that income is taxable.

Since they haven’t lived stateside since they were married, or announced any decision on where they plan to live when they do, neither of them has changed their ‘legal’ state of residence – Jean’s being NC and Andrew’s being TX.  Texas has no state income tax; North Carolina most definitely DOES.  Before they were married, Jean was required to file a North Carolina return.

Her question is:  Can they file a joint tax return, or since they legally reside in different states, do they have to file separately?

If anyone knows, or can point me in the right direction, I’d really appreciate it!