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Level 2
March 20, 2022
Question

Filing NY State Married filing Separately

  • March 20, 2022
  • 1 reply
  • 0 views

Hi,

 

My wife works and lives in NY and I live and work in a different state.

We are filing Federal MFJ

Do we just file NY state return for my wife as MFS with mock federal?

 

Thank you

1 reply

DMarkM1
Level 15
March 20, 2022

Yes,  NY state has an exception for filing under a different status from your federal return for joint filers where one is a NY resident and the other is not.  

 

Therefore you would file your wife in NY as Married Filing Separately (MFS) using a mock MFS federal return.  

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gs77Author
Level 2
March 20, 2022

Thank you @DMarkM1 

Just to confirm 2 more points.

 

  1. In this case, I completely do not have any income so I do not have to submit a NY MFS return?
  2. When my wife is submitting NY MFS return does she have to submit her mock MFS federal or our original MFJ Federal.
DMarkM1
Level 15
March 20, 2022

You are correct.  You will not submit a NY return for yourself as you are non-resident with no NY source income.  

 

No, the federal mock MFS is not filed/submitted.  NY does not have requirement to attach a copy of your federal return.

 

 

 

 

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