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03-10-2018 11:01 AM
I am a resident of WI, with income from WI and MN. My husband does not work in MN. The H&R Block MN State Software shows the Minnesota Marriage Credit, and indicates that we only qualify if “both have earned income, taxable pension or taxable SS income that is taxed in Minnesota.” Even though my husband has nothing to do with MN, the software is automatically calculating a marriage credit for $X and entering it on the return.
I can’t seem to remove it.
03-12-2018 03:12 PM
According to the MN state tax rules, the marriage credit is applicable even for taxpayers filing a MN part-year or nonresident return. When you are filing a joint federal return in the tax software, your MN part-year or nonresident return is also treated as a joint return. On this joint MN return, it is going to include information from both you and your husband. However, there should be an income allocation screen for MN where you can allocate which income from either the taxpayer or spouse is tied to MN sources. In this case, it would be only your MN source income that is allocated to the MN return since your husband has nothing to do with MN. In addition, according to the MN state rules, Minnesota requires the same filing status used on the federal return. So, when the Federal return is filed as married joint, the MN return must also be filed as married joint.
On the Schedule M1MA for the Marriage Credit, there are two columns for the taxpayer and the spouse. The way this credit is determined is that it takes the lesser amount of the income from either the taxpayer or the spouse. However, the Schedule M1MA uses a percentage based off of line 25 of Schedule M1NR where it uses your MN source income divided by total income from all sources to determine how much of this Marriage credit is applied on this joint MN return. In other words, the final marriage credit amount is based off using a calculation that uses your MN source income only not your husband's.
Therefore, the marriage credit can't be removed from the part-year or nonresident MN joint return unless your income is below the threshold amounts to not get the marriage credit. Also, even if you do get this credit, the calculations on the actual final credit amount is based more who has the MN source income, which is yours, in this case, not your husband's.
Tax Research Specialist