AmyC
Expert Alumni

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It depends on his actual residency status.  PA and NY are part of the NESTOA agreement for domicile vs resident status, which may describe your situation. A resident intends to live there, registered to vote, car tag, etc. Domicile is where you happen to live due to work, not where your heart is. You could both be PA residents- if his intent is to live there and he spends a good bit of time there.

 

Please see how PA views residency and learn about NESTOA at PA Filing requirements. If you scroll on, you will see that you file joint unless you choose to file separate because he is not a PA resident.

 

Please see page 36 for NY domicile here.

 

If your husband is a NY resident and you are not, then NY requires him to file a separate state return. See here. You can file a joint for PA regardless of his residency and claim a credit for NY tax paid on the same income taxed by PA.

 

From the time reference you gave, it sounds like you are both PA residents with him possibly domiciled in NY. This would be a simple MFJ for federal and both states.

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