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Married Filing separately - Federal and State (NY)

gs77 — Fri, 26 Mar 2021 00:32:53 GMT

Hi,

If I am filing married filing separately for federal, and my spouse works and files a return for NY state, do I also have to file a return in NY state if I din't earn any income or reside in NY state?

Re: Married Filing separately - Federal and State (NY)

robtm — Sat, 27 Mar 2021 20:13:07 GMT

No you do not need to file a NY state return unless you actually made money in that state.

Re: Married Filing separately - Federal and State (NY)

KathrynG3 — Sat, 27 Mar 2021 20:18:28 GMT

No, if none of your income was sourced from New York, there would be no filing requirement for you.

See Who must file? on page 7 of 2020 New York Instructions for Form IT-203 Nonresident and Part-Year Resident Income Tax Return

Your wife's school tax credit will be limited. See page 29 of 2020 New York Instructions for Form IT-201 Full-Year Resident Income Tax Return

@gs77