Hello Tax Expert,

I am in a complicated situation and need your help to decide how to precede with my NY state tax return. Your help is greatly appreciated!:confused:

I am a NY resident for tax purposes (H1b visa). I married a New Jersey resident in December 2007. We both love our jobs and for easier commute during the week, we decide we are keeping separate residences for now until one of us finds a job near the other residence. So for 2007 he is (and filing as) a NJ resident and I am (and filing as) a NY resident. We are filing separately.

For the state tax returns, my husband has many expenses and has to itemize deductions. I do not have anything to itemize. But NY state requires that couples married filing separately must either both take standard deduction or both itemize deductions. My questions are:

1) Since my husband is not a NY resident, can we file differently - he itemizes deductions and I take standard deductions for state tax returns? Does NJ has the same rule as NY?

2) Since I was single the majority of 2007, can I file "Single" as my 2007 filing status?

Thank you very much for your time. Looking forward to your reply.

Julan

Julan:

If this is still an issue, go seek the help of a competent tax pro. He/she needs to model your return to determine which is the best way for you to file.