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chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

Can I filed as Head of household for NY state tax return (I'm qualified, I lived separately with my husband for the last 6 months of 2016 and have a baby to feed, I spent almost all of my money for rent and food) and then filed as married filing jointly for federal tax return together with my husband?
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1 Best answer

Accepted Solutions
ChristinaS
Expert Alumni

Married jointly for federal tax and head of household for NY state tax

No- you cannot file as Head of Household in NY if you file a joint federal return. That filing status would require you to have filed as HOH on your federal return. You can file a separate tax return for NY, however.

If you file a joint federal return, you can choose not to file a joint NY return if:

A/ one spouse is a New York State resident and the other is a nonresident or part-year resident.

See page 13:

https://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf

This option permits a joint federal filer to file with the Married Filing Separately status. It does not permit usage of the Head of Household status. The instructions specifically cite the option to use MFS, and don't cite having an option to use Head of Household. The general rule is that the status matches the federal return.

If you filed a joint federal return, this can be amended by 4/18/17. Perhaps you would have been better off filing Head of Household on your federal return as well?

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9 Replies
ChristinaS
Expert Alumni

Married jointly for federal tax and head of household for NY state tax

Does your husband live in NY state?
chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

NO. He lives at another state
ChristinaS
Expert Alumni

Married jointly for federal tax and head of household for NY state tax

No- you cannot file as Head of Household in NY if you file a joint federal return. That filing status would require you to have filed as HOH on your federal return. You can file a separate tax return for NY, however.

If you file a joint federal return, you can choose not to file a joint NY return if:

A/ one spouse is a New York State resident and the other is a nonresident or part-year resident.

See page 13:

https://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf

This option permits a joint federal filer to file with the Married Filing Separately status. It does not permit usage of the Head of Household status. The instructions specifically cite the option to use MFS, and don't cite having an option to use Head of Household. The general rule is that the status matches the federal return.

If you filed a joint federal return, this can be amended by 4/18/17. Perhaps you would have been better off filing Head of Household on your federal return as well?

chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

Thank you very much! That's very helpful and you response is so quick! Thanks again.
chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

We already filed as MFJ for the federal one month ago. I think now I have the only choice to file as MFS for the state return.
ChristinaS
Expert Alumni

Married jointly for federal tax and head of household for NY state tax

You're welcome. You can amend to change to HOH on federal, but this must be done by 4/18/17. You can't amend a MFJ return after that- it'll be too late. Depending on your situation, HOH on NY isn't necessarily any or that much better than MFS on NY, so keep that in mind.
chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

Thank you! Really appreciate your help.
ChristinaS
Expert Alumni

Married jointly for federal tax and head of household for NY state tax

Not a problem. Have a great day!
chxiany
New Member

Married jointly for federal tax and head of household for NY state tax

You too!
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