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Level 1
posted Jan 27, 2020 10:08:28 PM

2019,I was a resident of NY and got a W2 in NY.We got married in June and she moved from OH to NY(she got a W2 from OH).What residence are we file Married filing jointly?

My wife didn't work in NY and she has only one W2 from Ohio. Also, I have one W2 from NY. So, for our NY State return are we full-year residents and Non residents for Ohio? Thank you!!

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3 Replies
Level 15
Jan 28, 2020 5:26:28 AM

It's complicated. You are a full year NY resident.  She is a part year resident of both states and will have to allocate her income. You can still file as Mariied Filing Jointly in both states.

Level 1
Jan 28, 2020 7:21:24 AM

Thank you very much. In your opinion, I'm filing married filing jointly for Fed and State returns, would this be correct? 

 

Thanks.

Level 15
Jan 28, 2020 8:13:05 AM

Yes, for Ohio.

I'm not specifically familiar with the NY software, so that may be right, since you (the first listed tax payer) were full year.  As long as her income is allocated, on the NY return, you should be OK.

 

If NY taxed all her income, that would be OK, as long as they gave her credit for OH tax paid.  You two come out (about) the same either way.