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theonusa
New Member

Can I file a joint NY state return as a non-resident if only one of us is an non-resident?

My spouse only has income from NY and is a full-year NY resident. 

I am a full-year CA resident and we're filing a joint return in CA.  I only have income from CA. (We live separately)

1 Best answer

Accepted Solutions
linear
Level 7

Can I file a joint NY state return as a non-resident if only one of us is an non-resident?

No, states will generally not let you file jointly if you do not have the same residency status.

You can file a joint federal return and separate state returns.

See this article for more information:

https://ttlc.intuit.com/questions/1901214-how-do-i-prepare-a-joint-federal-return-and-separate-state...

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1 Reply
linear
Level 7

Can I file a joint NY state return as a non-resident if only one of us is an non-resident?

No, states will generally not let you file jointly if you do not have the same residency status.

You can file a joint federal return and separate state returns.

See this article for more information:

https://ttlc.intuit.com/questions/1901214-how-do-i-prepare-a-joint-federal-return-and-separate-state...

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