couple living in different states and mid-year moving

[jpsolver]

I live in CO. My husband worked in CO from Jan-June 2024, moved to NY with a new job at NY from July-Dec. We will file a federal married filing jointly. How do we do with the state tax returns? 

[Chslade · Accepted solution]

In most cases you'll use the same filing status as the federal tax return, such as married filing joint. However, New York does allow you an exception if one spouse is a nonresident of New York and the other is a part year resident. You can either file a New York State return using married filing joint or married filing separately. You will make sure that he's a part year resident of New York and you're a non-resident of New York.

https://www.tax.ny.gov/pit/file/filing_status.htm

For Colorado you're a full year resident and your spouse is a part year resident, while using the status married filing joint. Colorado states you must use the same filing status as your federal tax return even if both of you aren't residents of the same state.

https://tax.colorado.gov/individual-income-tax-guide

[jpsolver]

Thanks, @Chslade When filing MFJ for CO return, how to avoid paying CO tax on spouse income earned at NY?

[Chslade]

You would make sure that only NY income goes on the New York state tax return and Colorado income goes on the Colorado state tax return. This clarifies that each spouse made money in their respective residential states.