Yes. You can definitely file married filing jointly on the federal return. Review the information below and then try the state returns both ways to determine the best filing status for both New York and Virginia.
New York: Generally you would use the same filing status that is used on the federal return. There are exceptions.
The only exceptions to this rule apply to married individuals who file a joint federal return and:
- one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case you must either:
- file separate New York State returns using filing status 3; or
- file jointly, as if you both were New York State residents, using filing status 2.
Virginia: Choosing the correct filing status is very important. The filing status used on your federal return will generally determine the status that you use on your state form. Married filers should keep in mind that filing status depends partially on residency status. As a general rule, a resident and a nonresident cannot file a joint or combined Virginia return. This is particularly important for members of the military to consider when choosing a filing status. Please review the filing status information carefully.
- Choosing filing status 2 (married filing joint) or 4 (married filing a separate return) - whichever is best for you.
- This link will provide helpful information - VA Filing Status Information
