Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

61 Pa. Code § 121.15. Types of returns.

§ 121.15. Types of returns.

 (a)  If a husband and wife elect to file separate returns each shall report his or her separate income on a separate form.

 (b)  If a husband and wife elect to file a joint return they shall include all income of both husband and wife. A husband and wife may file a joint return even though one of them had no income.

 (c)  Husband and wife filing jointly receive no tax benefits under the Commonwealth income tax law as is the case when filing a joint return for Federal income tax purposes. The filing of a joint return would be for the convenience of the taxpayer.

 (d)  If filing a joint return, a spouse shall not offset a gain in one class of income with a loss of the other spouse in another class of income, and in addition a spouse shall not offset a gain in the same class of income with a loss of the other spouse in the same class of income.

 (e)  If a joint return is filed the couple assumes full legal responsibility for the entire year and if one fails to pay the tax, the other shall pay it. In the return heading, both names and both social security numbers shall be listed. Both shall sign the return.



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