Do I have to file my other state taxes (DE, VA) as MFJ even if my husband never earned any income in those states (we are both residents of NJ and both work in NY)?

[ChristinaS]

Where do these states come into the picture (DE, VA)? Did his employer hold taxes for those states?

[karh141]

I worked in DE and VA and received W2s from those states. My employer did withhold taxes. My husband did not work in these states.

[ChristinaS · Accepted solution]

No, you don't need to file joint returns. What you'll need to do is this:

• Create a second file in Turbo Tax. You can do File-Save As and rename it "X_separate". Remove all of his information. If he is listed as the primary taxpayer, you'll need to switch that and then reassign the W2s to you as the primary. Choose Married Filing Separately for the federal return. Remove any deductions that relate to him. Basically, prepare the return "as if" you truly were filing a separate federal return.
• -or- start a fresh file in Turbo Tax/ a new return and prepare your "mock" separate return from scratch
• Prepare separate returns for VA and DE. Efile those returns. Do not efile the "mock" separate federal return.

You actually must file a separate VA return if you are both nonresidents and only one of you worked in Virginia. As far as Delaware is concerned, you may file jointly there (but you probably shouldn't). Delaware itself advises in their instructions that you are probably better off filing separately.

[ChristinaS]

You will need to use your separate DE and VA returns to input the information for Credit for Taxes Paid to Another State on your joint NJ resident return.