Should I and/or my wife file to NY state?

[BlueTurtle]

I work and live in NC.  My wife lives in NY and has no income.  So, we have just one W-2 which is from NC.  For federal tax return, I think I can file as Married Filing Jointly.  Am I right?  For state tax return, I need to file to NC of course.  Should I and/or my wife file NY state?

[DMarkM1]

Since you lived and worked in NC you would be a NC resident.  You will file FED and NC joint returns.  Since you did not live in NY and your spouse did not have NY earnings you do not need to file in NY.

[BlueTurtle]

Thanks for your quick response. 

I have a follow up question.  My wife is interested in investing in stocks and wants to open a joint brokerage account with me.  If we make any capital gain from the joint account, I think we can still keep Married Filing Jointly for federal tax return.  How about state tax return?  In addition to NC state tax, do we have to file NY state tax too?

[ZoltanB45 · Accepted solution]

If the gross income on her trades was $4,000 minimum then yes, she would have to file in New York. Here is a link to the state's website regarding the matter. NY filing Requirement for Resident