I am a US resident but my spouse is a US non-resident with foreign income. I am planning to file married filing jointly. I am a resident of New Jersey while work at New York. I want to file jointly for NY but married filing separately for NJ as NJ tax foreign income with no credit. Can I have different filing statuses for different states? If so, how would I take credit for NY tax paid in NJ return.

Thanks.

I am a US resident but my spouse is a US non-resident with foreign income. I am planning to file married filing jointly. I am a resident of New Jersey while work at New York. I want to file jointly for NY but married filing separately for NJ as NJ tax foreign income with no credit. Can I have different filing statuses for different states?

In general NJ requires that you use the same filing status on your NJ-1040 as you do on your federal return. But there is an exception:

If during the entire taxable year one spouse/civil union partner was a resident and the other a nonresident, the resident may file a separate New Jersey return. The resident computes income and exemptions as if a Federal married, filing separate return had been filed. The spouses/civil union partners have the option of filing a joint return, in which case their joint income would be taxed as if both were residents.

The term "resident" here means NJ resident - so this applies if your wife did not live in NJ at all during the year and has no NJ source income.


If so, how would I take credit for NY tax paid in NJ return.

File schedule A with your NJ-1040 return - that form gives you a credit for taxes you paid to NY.

. I wanted to know if it is OK to file MFS for NJ while MFJ for NY.

No problem with having different filing statuses for the two states, as long as the filing status is proper. Per NY instrictions you must file as MFJ for NY on IT-203. All I was trying to point out is that to file as MFS in NJ requires that your wife must not have been an NJ resident at any time during the year.