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New York Filing Status - 2 non residents only 1 working in NY

My husband and I are residents of MS.  I telecommute to NY.  My husbands works in TN.

 

In New York will I be filing joint, single or separate?  What will my standard deduction be?  Our Federal return we file joint.

 

Thank you in advance

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1 Reply
rjs
Level 15
Level 15

New York Filing Status - 2 non residents only 1 working in NY

You have to file a joint New York return. The following from the instructions for Form IT-203 applies to your situation.


If you filed a joint federal return and:
1) both spouses are nonresidents but only one has New York source income, or
2) one spouse is a part-year resident and the other is a nonresident with no New York source income,
you must file a joint New York State return using filing status 2 and include in the Federal amount column the joint income as reported on your federal income tax return. However, only the spouse with New York source income (or the part-year resident spouse) should sign Form IT-203. That spouse must also complete Form IT-203-C, Nonresident or Part-Year Resident Spouse's Certification (see Other forms you may have to file), and submit it with your Form IT-203. In this case, any refund or notice of tax, penalty, or interest due will be issued only in the name of the spouse required to sign Form IT-203.


I don't know what the New York standard deduction amounts are for 2020. They might not have published them yet. For 2019 the standard deduction for married filing joint return is $16,050.

 

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