☰
✕
Sign In

Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
Returning Member
posted Mar 19, 2022 9:38:32 PM

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

0 3 447
3 Replies
Expert Alumni
Mar 20, 2022 6:47:28 AM

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.  

Returning Member
Mar 20, 2022 6:55:16 AM

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.

Expert Alumni
Mar 20, 2022 7:09:50 AM

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.