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Level 2
March 20, 2022
Question

Filing NY State Married filing Separately

Hi,

 

My wife works and lives in NY and I live and work in a different state.

We are filing Federal MFJ

Do we just file NY state return for my wife as MFS with mock federal?

 

Thank you

3 replies

DMarkM1
Alumni - Intuit
March 20, 2022

Yes,  NY state has an exception for filing under a different status from your federal return for joint filers where one is a NY resident and the other is not.  

 

Therefore you would file your wife in NY as Married Filing Separately (MFS) using a mock MFS federal return.  

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gs77Author
Level 2
March 20, 2022

Thank you @DMarkM1 

Just to confirm 2 more points.

 

  1. In this case, I completely do not have any income so I do not have to submit a NY MFS return?
  2. When my wife is submitting NY MFS return does she have to submit her mock MFS federal or our original MFJ Federal.
DMarkM1
Alumni - Intuit
March 20, 2022

You are correct.  You will not submit a NY return for yourself as you are non-resident with no NY source income.  

 

No, the federal mock MFS is not filed/submitted.  NY does not have requirement to attach a copy of your federal return.

 

 

 

 

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