Spouse working in different state, tax situtation?

Forum|Forum|4 years ago
February 9, 2022
8 replies
66 views

My spouse works in a different state, which has no reciprocal agreement with our resident state. Can we file jointly for federal and our resident state and she files separately for the state she works in?

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Best answer by rjs

Thank you for your reply. That is nice option.

Would it be wrong if;

We file federal and WV tax together and only she file NJ state as a non resident? Not sure if our tax return will be rejected if we do that.

@vd10011 wrote:

Would it be wrong if;

We file federal and WV tax together and only she file NJ state as a non resident? Not sure if our tax return will be rejected if we do that.

It would not be wrong. In your situation, your spouse could file a New Jersey non-resident tax return as married filing separately. (This is assuming that she is the only one who has any NJ income.) To do this, she would first have to prepare a dummy federal tax return, that she does not file, as married filing separately. Then prepare her separate New Jersey tax return based on the dummy federal return. She would not be able to e-file the NJ tax return. It would have to be filed by mail.