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    Rogercach's Avatar
    Rogercach Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Mar 4, 2009, 05:15 PM
    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
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Mar 5, 2009, 02:36 AM

    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.
    Rogercach's Avatar
    Rogercach Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Mar 6, 2009, 09:42 AM
    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...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Apr 30, 2009, 10:10 AM
    File Form IT-203 and list your wife's NY-state sourced income.
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