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I moved to NY midyear and married after I moved to NY. I couldn't be sure if I need to file state taxes separately or if I can file jointly. My spouse doesn't work.

 
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1 Reply
TomK2023
Expert Alumni

I moved to NY midyear and married after I moved to NY. I couldn't be sure if I need to file state taxes separately or if I can file jointly. My spouse doesn't work.

In nearly all cases, you must use the same filing status that you used on your federal return. If you did not have to file a federal return, use the same filing status that you would have used if you had filed. Same-sex married couples see Personal income tax information for same-sex married couples.

 

The only exceptions to this rule apply to married individuals who file a joint federal return and:

  • one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case you must either:
    • file separate New York State returns using filing status ③; or
    • file jointly, as if you both were New York State residents, using filing status ②.

New York State Department of Taxation and Finance: Filing Status

 

 

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