Sign Up

Why sign in to the Community?

  • Submit a question
  • Check your notifications
or and start working on your taxes
cancel
Showing results for 
Search instead for 
Did you mean: 
emmycampbell47
New Member

My husband and I filed a joint federal return. I lived all year in New York, but he hasn't lived in NY or earned any NY income. What state form do we use?

 
1 Reply
DanielV01
Expert Alumni

My husband and I filed a joint federal return. I lived all year in New York, but he hasn't lived in NY or earned any NY income. What state form do we use?

The question isn't so much the Form but the filing status.  You will file a New York resident return, but the question is whether you will file that return as married filing joint or married filing separate.  New York gives you the option because of your residency situation.

If you file a joint return, his income is included in New York income to determine taxation, but you also get the benefits that are extended to a couple filing a joint return, and New York will issue a credit for the taxes he pays to the state where he is living.  Or, you can file a separate state return for New York using just your income.  You may choose which method you wish to use, and should use the method that results in less tax.  To file a joint federal return but a separate New York return (if you are not the primary taxpayer or your husband must file a separate return in his state), please see this FAQ:  https://ttlc.intuit.com/replies/3301995

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Dynamic AdsDynamic Ads
Privacy Settings
v