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Mschnurm
Feb 2, 2011, 12:20 PM
Hello, my husband and I have completed our federal return as married filing jointly. He is in the military and a resident of NY, and I am a resident of VA- where we currently live. I am wondering if I can file my state taxes separately, as he doesn't need to file a state return because his military status exempts him in NY. Thanks for your time.

AtlantaTaxExpert
Feb 11, 2011, 11:20 PM
If you file your federal return jointly, most states require you file their return the same way.

However, while you report all income, you pay taxes ONLY on income earned within that state.

If you are not a resident of NY state, then the NY state return should show ZERO taxes owed.

The VA return will tax you on the Virginia income YOU earned in 2010.