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New Member
posted Apr 4, 2025 2:16:53 PM

How to file if my spouse and I have different NYC residency statuses

Hello,

 

I've seen some similar threads but since they didn't answer my specific set of questions, wanted to raise them here. My spouse and I got married this past year but we have not moved in together yet. I live in NYC and she lives in NYS but not NYC. I have some questions on filing federal and NY state taxes:

 

1. According to NY tax laws, it seems like we must file the same as our federal since we both live in the same state. If we file jointly federal and state but different NYC residency statuses, it seems like Turbotax and other software won't support E-file...would someone be able to confirm?

 

2. If not, then would the only way to e-file would be to file as MFS so we can reflect different residency statuses?

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1 Replies
Expert Alumni
Apr 4, 2025 3:25:49 PM

You can file a joint New York state return since you are New York state residents and have different New York City resident status.  In TurboTax, you will be able to indicate that your spouse lives in New York City and indicate which income to include in the NYC tax calculation.  Please ask if you have any questions as you are completing the New York state return.