Is there any way around the NY State e-file restriction on married filing jointly where one person is a full year NYC resident and the other is part year?

[pmd273]

My wife and I got married this year and moved to NYC. We are filing with status married filing jointly, with her being a part year resident and me as a full year resident of NYC (we are both full year residents of NY state). TurboTax says we are not eligible to e-file our state return due to the following reason:

"Returns where the taxpayer is a full-year resident of New York City and the spouse is not a full-year resident of New York City, and vice versa."

Is there any way to amend my return to make it eligible for e-file? I would much prefer to file electronically than have to mail my return.

[MarilynG]

You could file your Federal return jointly, and file your NY state returns separately.  A NY Resident return for you, and a Part Year Resident return for your spouse.

You can use your TurboTax desktop to prepare two 'dummy' Married Filing Separate returns, and then the separate NY returns from those.

Here's more info:

https://ttlc.intuit.com/replies/3301995

[pmd273]

I see, thanks. However, I will still have to file the two separate state returns by mail, is that correct? As per the above:

"Note:  State returns prepared using the "Mock" federal returns will require you to print and file your state return by mail, please click here to learn more. "

[bwcommerce]

In the software, it says "New York State requires most taxpayers to file electronically if they are using tax software to prepare their return."

[aaandrews]

If you e-file your federal return MFJ, though, will you be able to e-file the MFS NY return since the two are not technically linked? Or, will you be required to file the NY return by paper since there is no MFS federal return going with it? Or is it enough that a federal return has been e-filed with the client's SSN?

I just want to know if I can attempt e-filing my client's NY MFS or if it needs to be paper filed.

Thanks!

[mfh806]

@pmd273 

[LeonardS]

".. You're required to electronically file your return if you meet all three of the following conditions:

• you use software to prepare your own personal income tax return; and
• your software supports the electronic filing of your return; and
• you have broadband Internet access.

What you need to know about the e-file mandate

• The cost of tax preparation software always includes the e-filing service; New York State law prohibits additional charges.
• You are not required to electronically file if you:
   
  • download forms from our website,
  • pick up forms at your local library, or
  • order forms from us by phone." 
  • Ref: New York E-file requirement for individual taxpayers

[mfh806]

tax

[KarenJ2]

According to NY Form 201, 

In nearly all cases you must use the same filing status that you used on your federal return. If you did not have to file a federal return, use the filing status you would have used if you had filed. The only exceptions to this rule apply to married individuals who file a joint federal return and: 1) one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case, you must either: (a) file separate New York returns using filing status ; or (b) file jointly, as if you both were New York State residents.

If you both file as NY residents or file married filing separately, you should be able to e-file.

[Kaka1104]

I think the question is:

Last year I filed joint for both state and federal.

This year I need to file state separate for NYS since I was the part year resident.

Since I filed using Turbo tax last year, I am trying to file married separately using my turbo tax account.

Can I submit my NYS return and my spouse return using the same Turbo tax account.

or

Does my spouse need to create her own account to file her NYS return?

[DMarkM1]

To file separate returns using an online version you would need two separate accounts.  If using a download/CD version you could accomplish the separate returns with one product.  

[mucida]

Did someone find a solution for this? I have the downloaded version of turbotax and I need to file married filling together for Federal then MFS for New York (myself) and CT (my wife), as we live in 2 separate houses. Even though it's pretty straightforward to create as dummy/mock Federal to reach NY taxes part, I cannot file NY without eFile Federal. As this Federal is a dummy, I dont know how to get away with that as I need to fill Federal married filling together and NY demands to eFile. Any solution?

[VolvoGirl]

Sorry you will need to mail both state MFS returns.    See the NOTE on this FAQ

https://ttlc.intuit.com/turbotax-support/en-us/help-article/small-business-processes/prepare-joint-f... 

Note: State returns prepared using the mock federal returns will require you to print and file your state return by mail 

[mucida]

Thanks for your quick reply VolvoGirl- however NYS requires eFile for all applications prepared using software. This is the problem as I cannot mail it to NY state 

[VolvoGirl]

Don't worry about that.  NY says you have to efile if you can, if your tax program allows it.  You can only efile state if the federal was efiled and accepted from the same account or return.  You can't efile because the mock federal wasn't efiled.