I am filing jointly for the first time. I am a resident of NJ state. My spouse is a resident of NY state. We both work in NYC. Can we file jointly with different address?

[DaveF1006]

Generally, if you and your spouse are filing a joint federal return but you work in or are residents of different states, you need to file separate state returns. Sometimes this is required by state tax law; other times it is to your best interest to not include your non-resident spouse's income on your state return.

If you file jointly, you cannot list the two different addresses on your federal return but this is not a critical issue for your federal return. Just pick the address you wish to be printed on your joint federal return. This is a critical issue in your state returns and these would need to be filed separately. Please refer to this Turbo Tax link for more details.

[devs1992]

Hi DaveF1006,

Appreciate the response here. I am following your steps (including the article you linked) to create MFJ federal return and separate MFS state returns. When I try to submit MFS NY state return for my spouse, it won't let me e-file without filing the federal return (which the software thinks i haven't filed because it only sees the mock MFS federal return which I do not want to file. I have already filed the MFJ federal return). I have an option to print and mail this in BUT on the final prepared return pdf i see the message: "New York State law requires income tax returns prepared using software to be e-filed. Because this New York State tax return was prepared using software, you MUST file it electronically."

1) How do I e-file in this case to comply with NY State Law, only the NY state return, when the software won't let me?

2) What happens if I just mail it in? Should I take this risk or will it automatically be rejected?

Thank you very much.

[JotikaT2]

Unfortunately, there is no way to electronically file your state return since your federal return was not prepared in the same file.  

Your married file joint return was prepared in one file but since you need to file separately for state, you cannot e-file the state return with the mock federal return.

New York requires you to e-file if you meet all three of the following requirements:

1. You use software to prepare your return
2. Your software allows you to electronically file your return
3. You have internet access

Since you were not able to e-file your Federal return in the software, you not able to electronically file your New York return.  Therefore, you do not meet all 3 requirements mentioned on the New York Department of Taxation website.  See the following link:

NY Electronic filing requirement

You can try to use the New York website to e-file if you meet their requirements as listed on the link above.

Otherwise, you can mail your returns in.  Please see the link below for mailing address.

New York mailing address

Your returns will not be rejected simply because you were unable to e-file them.  The main object is to meet your filing requirement.  You will accomplish this by mail your return in.