Hi, I am a part year resident of NJ and my spouse is a non resident with no NJ income, what should be our filing status , should it be married joint or separate ?

[MaryK4]

You can file a New Jersey separate return since your spouse was a nonresident.  For more information, see Tax Topic Bulletin GIT-6 , Part-Year Residents.

[BillfromHunderdon]

Usually it is best to use the same marital status as your federal return.  In most cases (but not all) the tax rate is much higher for those who married but filing separately than it is for filing as married. 

[vaibh843]

@MaryK4 Thanks, however GIT6 says about resident person and non-resident spouse, is that applicable for part year resident and non-resident spouse too ? Furthermore,  do I have to file separate return (i.e. is it mandatory) or I can file joint return too

[vaibh843]

Thanks, however GIT6 says about resident person and non-resident spouse, is that applicable for part year resident and non-resident spouse too ? Furthermore,  do I have to file separate return (i.e. is it mandatory) or I can file joint return too ?

[vaibh843]

@BillfromHunderdon : Thanks, so I can file joint state return in my case too where my wife is a non-resident and has no NJ income ? (Just want to make sure if that's allowed by NJ) as typically some states ask for separate returns if one spouse is a non resident 

[BillfromHunderdon]

Typically, NJ will want you follow the same calendar of residency that was reflected in your federal return.  So if one of you files as a resident of NJ, NJ wants to know the entire family income so they can tax your family at a higher rate before crediting back the non-NJ income.  That is how NJ gets a bigger cut.  Don't forget to check to see your spouse's non-NJ income comes from a state with reciprocity with NJ (like Pennsylvania).  Reciprocity changes the rules with respect to what has to be filed and what income needs to be included on the return.

It is all very complicated and you may need to calculate different scenarios before you finalize your federal and state returns.  In my case I had to spend some quality time on the phone with the NJ tax office and the offices of the other state(s).

[LindaS5247]

You can file jointly in New Jersey, if your wife is a non-resident, with no NJ income.

A married couple filing a joint Federal return must file a joint return in New Jersey unless both spouses are nonresidents and only one had income from New Jersey. Another exception to this rule is where one spouse is a New Jersey resident and the other is a nonresident for the entire year.

Click here for additional information on NJ State Return Filing.

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