Can i file federal jointly and NJ state taxes separately?

[dipanshujindal1993]

Hi 

I would like to receive your guidance on how to correctly file the 2022 tax returns considering the following conditions:

1. I worked in NJ for two months  and at that time, my wife  was out of the country for two months. I  filed federal tax return jointly. So, Can I  file NJ Tax return as a single?

2. I lived and worked in NJ only two months. So, do I need to file as resident/part-year or non-resident return?

Thanks
Dipanshu Jindal

[rjs]

Much more information is needed.

For 2022 were you a U.S. citizen, a resident alien, or a nonresident alien? Was your status the same for the entire year?

You said you lived and worked in New Jersey for two months. Was New Jersey your primary home for those two months, or did you have a primary home somewhere else and you were just in New Jersey temporarily? Where did you live for other ten months? Where did you work for the other ten months?

For 2022 was your wife a U.S. citizen, a resident alien, or a nonresident alien? Was her status the same for the entire year?

You said your wife was out of the country for the two months that you lived and worked in New Jersey. Even though she was not in New Jersey, did she have a home in New Jersey and she was just visiting the other country, or was her home in the other country that she was in? Where was your wife for the other ten months?

Did your wife have any income in 2022? If so, where was the income from? Where did she work?

As of December 31, 2022, were you and your wife married?

You asked: "Can I file NJ Tax return as a single?"

If you were married as of December 31, 2022, you cannot file as single. Since you filed your federal tax return as married filing jointly, in most cases you will have to file jointly for New Jersey. Depending on the answers to the questions above, there might be an exception that would allow you to file as married filing separately for New Jersey, but you cannot file as single in any case.

[dipanshujindal1993]

Hi

Thanks for the update.

1. For 2022 were you a U.S. citizen, a resident alien, or a nonresident alien? Was your status the same for the entire year?
Answer: I am resident alien and  status was same for the entire year.

2. You said you lived and worked in New Jersey for two months. Was New Jersey your primary home for those two months, or did you have a primary home somewhere else and you were just in New Jersey temporarily? Where did you live for other ten months? Where did you work for the other ten months?
Answer: I lived in NJ for temporarily. I lived and worked in California for 10 months.

3.For 2022 was your wife a U.S. citizen, a resident alien, or a nonresident alien? Was her status the same for the entire year?

Answer: She is  resident alien and  status was same for the entire year.

4. You said your wife was out of the country for the two months that you lived and worked in New Jersey. Even though she was not in New Jersey, did she have a home in New Jersey and she was just visiting the other country, or was her home in the other country that she was in? Where was your wife for the other ten months?

Answer: She does not have any home in NJ and we both lived in CA for rest of the year.

5. Did your wife have any income in 2022? If so, where was the income from? Where did she work?

Answer: she did not work for the entire year.

6. As of December 31, 2022, were you and your wife married?

Answer: Yes 

[rjs]

1. I worked in NJ for two months and at that time, my wife was out of the country for two months. I filed federal tax return jointly. So, Can I file NJ Tax return as a single?

As I said earlier, you cannot file as single because you were not single. You have to file a joint New Jersey return. Since your wife had no income, filing a joint return for New Jersey will not increase your tax or have any other disadvantages.

2. I lived and worked in NJ only two months. So, do I need to file as resident/part-year or non-resident return?

You have to file your New Jersey tax return as a part-year resident, for the two months that you lived in New Jersey.