NYS filing - a possible program error?

Forum|Forum|6 years ago
January 20, 2020
2 replies
3 views

I am trying to do my DC and NY state taxes. My filing situation is as follows:

1. I am the primary filer and my residence is full year in DC. My wife has full year residence in NY.

2. Under NY state return section, General Residency is selected as non-resident form IT-203. This is the software's recommendation.

3. Under New York City and Yonkers allocation, I am listed as a non-resident of NYC and Yonkers, and my wife is listed as Full Year resident of NYC and nonresident of Yonkers.

4. In DC my residence is listed as Full Year Resident (form d-40). There is no place for residence for my wife. Also, in DC the filing status is set as Married Filing Separately on Same Return.

Problem is that when I print the forms, and go to form IT-203 for NY section, my wife's name is listed as the main filer and the spouse's area is all blank except for my SSN number. That's all. My name and info should be where her name and info is, and her info should be on the the spouse line. This is definitely not correct! Married status on that IT-203 form is "Married filing joint return". When i go to the section E, it shows correctly that I didn't live in NYS but my spouse lived there for 12 months. However, when I go down to points 51-55 where there should be NY city tax listed, all values are 0. Why is that? Please help. Thanks!

TurboTax Deluxe Mac

SusanY1

Level 15

To properly file the New York tax return, you will need to either elect to treat the non-resident spouse as a resident or file a separate tax return for the resident spouse, including only the income that belongs to that spouse.

Filing a separate return in New York is generally the preferred method. You can see more about what the state of New York says about this by clicking on this link: New York filing status.

The District of Columbia makes it easy for you to handle your nonresident spouse income with their "Married Filing Separately on the Same Return" option. New York does not have a similar status. Therefore, you have to take some extra steps to file a Married Filing Separate tax return for the state of New York only.

Here are the steps for filing a separate NY return for your spouse:

The TurboTax CD/Download product (found HERE) is the preferred product to file your federal return jointly, and your state return separately.

Here is how to do this in TurboTax CD/Download:

Prepare your joint federal return in TurboTax as you normally would.
Prepare a mock Married Filing Separately (MFS) federal return for each spouse who will file separately in any state. You will not file these federal returns, but they will be used to create the state returns.
For the separate return, include only the income and deductions that apply to that state.
File your joint federal return as prepared in the joint file.
If filing jointly in one state, transmit this return with your federal file. Otherwise, transmit only your federal file from the original MFJ return.
Using the mock MFS file that you have now created, file each state return separately. You may have to print and mail state returns when filing separately from your federal return.

You can transfer the data that you have already entered into TurboTax online to the desktop product by following the steps found here: Transferring from TurboTax online to desktop.

If you prefer to continue to use online TurboTax, you follow the same instructions. However, instead of creating three files on your computer, you will create three TurboTax accounts, each with a unique user name and password.

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

SusanY1

Level 15

The calculations aren't showing because the form can't be filed in this format. You cannot file the return as prepared, using MFJ but listing you as a nonresident of NY.

New York requires either that you include the spouse as a resident or file the return Married Filing Separately in New York.

From the New York Department of Taxation and Finance (in the link previously mentioned):

[When] one spouse is a New York State resident and the other is a nonresident or part-year resident... (Y)ou must either:

file separate New York State returns using filing status (3); or
file jointly, as if you both were New York State residents, using filing status (2).

Filing status 3= MFS and filing status 2= MFJ (but treating you as if you were a resident, meaning your income would be taxed).

TurboTax state programs don't work with each other, so these sorts of things require manual adjustment. I am sorry that I didn't explain this part more clearly in my initial answer.

The return as you have prepared it cannot be filed, and that's why it's not calculating any numbers.

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

SusanY1

Level 15

Thank you, @SusanY1 I changed my portion to be NY resident for the full year. So, now we are both marked as full year NY residents. The refund numbers haven't changed, that's good. But the only thing that did change is that now in part E it says in both boxes that I and my wife have been in NYC for 12 months. The very top of the form still lists the spouse as the main filer (name, date of birth, ssn), and the second line for the line is all blank except for my SSN. Also, the NYC calculations are still all 0s.

Thanks again.

FYI... I am using desktop Deluxe version and NOT the online one.

You're welcome! No, you cannot be a resident of New York City while a nonresident of New York State.

The software allows you to make this entry on the input screen, but it will flag it during the review of the return. (You can see this by going to the Review tab, to the right of the State tab).

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"

NonNYer

Level 2

I have another possible program error.... The IT-203 front page of tax form (for Nonresident and Part Year Residents) does not appear to load the spouse's name portions (2 fields) and the spouse DOB. It does load spouse SSN okay. It's just the front page for this problem.

NonNYer

Level 2

I should add that Page 3 at the top, the subsequent use of the spouse first name and middle initial is missing. I note that the correct full names DO appear on the form IT-203-C.

RobertB4444

Level 15

The residence information for your spouse is incorrect. You have the same problem as is discussed above - if one of you is a resident and one of you is not then you can't file a joint return in New York. If both of you are residents o9(or both non-residents) then you need to go back and take a look at the residency information that you have entered for the two of you under personal info.

@NonNYer

**Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"