(c) One spouse is a nonresident. The following requirements apply:
- (1) Separate returns. If either husband or wife is a nonresident and the other a resident, they shall determine their tax based on their own separate incomes and their tax liabilities shall be separate. Reference should be made to § 117.1 (relating to general requirements of a return).
- (2) Joint returns. If both spouses elect to file a joint income tax return, then their income shall be determined as if they were residents and their tax liability shall be joint and several.