How to file a joint return when we live in different states, but work in the same state?

[JMD2005]

       My spouse and I live in different states and will be filing a joint return.  What I understand is that we can file a joint return while living in different states, however I am unsure how to file our state return jointly. To add even more complication to our situation my spouse works in a different state. My spouse lives in Pa and works in NY, while I live in NY as well work in NY.  I know NYS will not except the state return if there is any discrepancies with the return.

[TeresaM]

You may need to file a married filing jointly federal return and married filing separately for the state returns. It depends on how you handle your residency, where you live, and your domicile, where you have a permanent address. 

New York State: in nearly all cases, you must use the same filing status that you used on your federal return. 

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 Married filing separate return
   or
• file jointly, as if you both were New York State residents, using filing status Married filing joint return 
  
  For more information about domicile and filing status in New York, please see this website. 
   

Pennsylvania:
Married taxpayers must file separate returns if:

• One spouse is a resident and the other a nonresident, unless both spouses elect to be taxed as resident taxpayers
  
  For more information about residency and filing status in Pennsylvania.

[JMD2005]

When filing a joint return does it matter what name to place as the person filing first? I have always been the one who filed and put my husband as the spouse. However, I just read in another discussion that the return amount was different when they had placed the others name first. Should the taxpayer with the higher income file and place the lower income as their spouse?

[ErnieS0]

It should make no difference who is listed first on the tax return. The discussions about different amounts refer to situations where listing one person first will create a resident return while listing the other person will create a non-resident return.

In your situation, since you both work in New York, all your income is taxed by New York either way.

Depending on your income and deductions, you may be better off filing separate New York returns. If there is a big difference in income, a joint return may push you into a higher tax bracket.

On the other hand, if you both own homes and pay mortgages, you may get a better joint itemized deduction by filing together. Unlike the federal return, New York does not limit your deduction for state and local taxes to $10,000.

Regardless, file a separate Pennsylvania return. PA has a flat tax with no deductions or exemptions, except for a deduction for unreimbursed work expenses.