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42.15.321    JOINT RETURNS

(1) A joint return may be filed even though one of the spouses has no income or deductions. However, a joint return is not permitted if the spouses have different taxable years, if one is a resident and one is a nonresident, or either spouse is a part-year resident. A joint return must include all income and deductions of both spouses. If a joint return is filed, both the husband and the wife must sign the return, and both are jointly and severally liable for the tax.

(2) Married taxpayers who have filed a joint return may not revoke their election to file jointly and file separately unless the following conditions are met:

(a) both spouses must agree to file separately on the same form;

(b) all prior years' tax liabilities must be paid; and

(c) the tax liability determined under the joint return for the tax year for which a change is sought must be paid.

History: 15-30-305, MCA; IMP, 15-30-142, MCA; Eff. 12/31/72; AMD, 1980 MAR p. 2927, Eff. 11/15/80; AMD, 1992 MAR p. 2555, Eff. 11/26/92; AMD, 2002 MAR p. 3708, Eff. 12/27/02; AMD, 2004 MAR p. 3147, Eff. 12/17/04.

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