@pk @Opus 17 Thanks for helping me.
- I’m not a U.S. citizen but am a resident for tax purposes on an H1B visa
- 4.cMy spouse is a Canadian citizen who entered the U.S. and established NJ domicile starting October 2024. My spouse had Canadian-source income from January to July 2024 (before moving).
- 4.b Spouse is on an H4 visa,
- 4.c residing in Canada before October 2024.(last 3 years)
- 4.d Spouse does not yet have an ITIN, but I applied for one with my federal MFJ return, which is still processing.
Haven’t complete fatca yet yet
I already filed my federal return MFJ, and now I’m working on my NY and NJ state returns before October 15. I haven’t received itin yet
1. New York (NY):
- I’m filing as MFJ but as a nonresident, since we didn’t live in NY.
- NY seems to calculate tax based on worldwide income of mine and my spouse’s, but I only included my NY W-2 income when I did the allocation and didn’t include my spouse or any investment income ; the tax rate used appears to be based on our combined worldwide income, which increases the effective rate.
- Is that how NY nonresident calculations normally work i.e., using the full federal income to determine the rate, even though only NY income is taxed?
- ny I filed an extension and they gave a temporary number for my spouse im planning on applying using that. Is that ok?
2. New Jersey (NJ):
- I’m considering MFJ because of NJ’s lower tax rates when filing jointly and since federal was applied using mfj .
- I’m including my full income plus investment income from us and worldwide for nj;
My spouse started NJ domicile in October 2024. - Should I include her full 2024 income (including Canadian income before October) when filing NJ MFJ, or only U.S. income after NJ residency began?
- NJ gives a credit for taxes paid to NY on NY-source income, but since NY was overpaid by over $1.5k, I’m not sure how that affects the credit computation
- since I don’t think I’ll get itin on time before October 15; I’m thinking of attaching form w7 to apply. Is that ok?
