pk
Level 15
Level 15

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@TAPS2050 , 

It seems to me that what you are trying to achieve:

(a) Pay not state tax

(b) File MFJ  ( Married Filing Joint) to reduce  your tax liability for the federal tax in the USA.

 

IMHO, you are going through a lot of trouble to achieve this  ( and not be successful :(

1.  Assuming that your spouse , a Canadian citizen, is on a non-work visa  in the USA,  her  "remote work" would violate   visa conditions.  On the other hand if she does  have a work visa  ( based on your  TN visa ), her work being done in  the USA would mean  her income is taxable by the US.  Her residency in NY would bring her under the  NY state  tax ambit.  Thus for federal , both your world income is taxed  by the  US and  for state filing  only she needs to file  as  NY resident.

2. Your statement that you would work remotely   while  domiciled in TX,  would still make that income taxable  by the state  ( noting that  TX has no PIT ).

 

I am at a loss to understand  why you are not having the whole family  domiciled in TX and avoid all this complicated  set-up.  What are you trying to achieve ?

 

Please answer with more details  and I will circle back.  You can also  PM me  with details  ( just NO Personally Identifiable Information ).

 

Look forward to hearing  from you .

 

pk