Hello dear community,
married filing jointly. spouse and I both live in New Jersey. I work in nj and only receive nj state income. My spouse works in nyc and only receives ny state income. Aside from filling out the it-203 form, how do I know if I need to also fill out the it-203c form. Thank you so kindly for all of your help and advice.
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If you are required to file a joint Form IT-203 Nonresident and Part-Year Resident Income Tax Return and only one of you had New York source income, the spouse with New York source income must complete form IT-203-C.
Thank you, but that is actually my question. How do I know IF I am required to file a joint form it-203? Still unclear to me. Thank you
Since you are filing a joint return for federal and neither of you are residents of NYS, then you must file a joint form IT 203 as NY requires you to file a Joint return in most cases, unless you meet one of the exceptions. Since you are both Non-Residents, you do not meet the exception.
In most cases, you must use the same filing status you used on your federal return. If you did not h...
filing status you would have used if you filed.
Exceptions
The only exceptions are for certain married couples filing a joint federal return in the following situations:
• One spouse is a New York State resident and the other is a nonresident or part-year resident. In this case, you must either:
o file separate New York returns using filing status ③; or
o file jointly, as if you both were New York State residents, using filing status ②.
• You are unable to file a joint New York return because:
o the address or whereabouts of your spouse is unknown, and
o you can demonstrate that reasonable efforts have been made to locate your spouse, and
o good cause exists for the failure to file a joint New York return
Thank you so much
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