Filing NY State Married filing Separately

[gs77]

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

[DMarkM1]

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.  

[gs77]

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]

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.