Married couple, one resident, one nonresident, living in a different states. Can we file jointly?

[sass7091]

Hi,

I am a resident alien for tax purposes (not a GC holder or USC, but passing the substantial presence test) and my wife is a nonresident alien (not a GC holder or USC, and not passing the presence test). Can we file our tax returns jointly?

In 2020, I lived in PA for the first half of the year, and in NJ for the second half, but my work location was NY the whole time. My wife lived in PA and worked in PA for the whole year. So if we can file our federal returns jointly, what about our state returns? They are kind of difficult to file jointly (especially for me because I lived in two different states and worked in another state).

[Mike9241]

since you say your spouse was present in the US for all of 2020 that makes her a resident alien for US tax purposes,  she needs an ITIN so a joint return can be filed and for that matter her own return for state purposes. for federal purposes, you are both taxed on your worldwide income file form 1040. your state returns are what's complicated. all your income would be taxed in NY since that's where you lived. you would also have to file non-resident returns for PA and NJ reporting the wages you earned in each.  hopefully, your w-2 breaks this down or if self-employed then you need to allocate your income between the two states.  

you'll probably want to file PA as married filing separate because PA says if you booth file as residents'

"You must report all income (losses) regardless of the source from
which you earned, received, or realized the income (loss)" so you would be taxed in PA on your NJ wages and because you are not a resident of PA would not be entitled to a credit for the NJ taxes paid. 

can't say if TT can handle this situation but if you do use it, do the nonresident  states returns first. 

[sass7091]

Hey. Thanks for the response, but I guess you've read some part of my message wrong. I haven't lived in NY. I worked in NY the whole year, while living in PA for the first half of the year, and living in NJ for the other half.