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-   -   H4 and H1B filing jointly NYS tax return. (https://www.askmehelpdesk.com/showthread.php?t=325050)

  • Mar 4, 2009, 05:15 PM
    Rogercach
    H4 and H1B filing jointly NYS tax return.
    I have been in the US (NY) since 2003, currently under H1B filing as resident for tax purposes. I got married and my wife came to the US on May-08 (H4 visa). We filed jointly federal return and asked for her ITIN. She already received it, but we don't know how to file NY state taxes, because she would be a part-year resident and I am a full-year resident. It would be a mixed status. Do we have to file separately.. Can we still file jointly and just ignore her part-year resident status..
    Thanks in advance for any help.
    Best,

    Roger
  • Mar 5, 2009, 02:36 AM
    MukatA

    Normally, states require that you file in the same way you filed your federal tax return.

    Yes, you are full year resident and she is part year resident.
  • Mar 6, 2009, 09:42 AM
    Rogercach
    Mukata,

    Many thanks for the prompt answer. Still, I am not completely clear about this. NY state tax forms are just two types: Full-year residents and Part-year residents. My wife is Part-year and I am Full-year. So, we are in a mixed status if we file jointly. But if we file separate, what form she will have to use if she has no income (H4 visa).. What shall we do.. I really appreciate any info about this.
    Best...
  • Apr 30, 2009, 10:10 AM
    AtlantaTaxExpert
    File Form IT-203 and list your wife's NY-state sourced income.

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