Married Filing separately - Federal and State (NY)

[gs77]

Hi,

If I am filing married filing separately for federal, and my spouse works and files a return for NY state, do I also have to file a return in NY state if I din't earn any income or reside in NY state?

[robtm]

No you  do not need to file a NY state return  unless  you actually made money in that state.

[KathrynG3]

No, if none of your income was sourced from New York, there would be no filing requirement for you.

See Who must file? on page 7 of 2020 New York Instructions for Form IT-203 Nonresident and Part-Year Resident Income Tax Return

Your wife's school tax credit will be limited. See page 29 of 2020 New York Instructions for Form IT-201 Full-Year Resident Income Tax Return

@gs77