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    herber's Avatar
    herber Posts: 3, Reputation: 1
    New Member
     
    #1

    Sep 18, 2007, 04:25 PM
    NYS Non Resident Income Taxes
    My wife & I are residents of NJ & currently both work in NJ. I will be taking a job in NYC.
    We file a joint Federal Tax return.

    1. Are we required to file a JOINT NYS Non-Resident Income Tax Return or may I file
    A Separate return only showing my income & deductions ?

    2. Since I will occasionally travel outside of NYS for my job, can I allocate any wages
    Outside of NYS for those days? Also, can I allocate other non-work days such as
    Vacation, sick or holidays outside of NYS.

    3. Are there any income taxes due for NYC for the NYS income ?
    delite's Avatar
    delite Posts: 202, Reputation: 3
    Full Member
     
    #2

    Sep 19, 2007, 08:24 AM
    Quote Originally Posted by herber
    My wife & I are residents of NJ & currently both work in NJ. I will be taking a job in NYC.
    We file a joint Federal Tax return.

    1. Are we required to file a JOINT NYS Non-Resident Income Tax Return or may I file
    a SEPERATE return only showing my income & deductions ?

    2. Since I will occasionally travel outside of NYS for my job, can I allocate any wages
    outside of NYS for those days ?. Also, can I allocate other non-work days such as
    vacation, sick or holidays outside of NYS.

    3. Are there any income taxes due for NYC for the NYS income ?
    You can file separately for NY. It may be to your advantage to file jointly since tax rate may be lower. Spouse's income not subject to taxation in NY. Days worked out of NY and all other days not worked in NY are allocated out. You will be required to file estimated for NY tax liaiblity.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #3

    Sep 19, 2007, 09:47 AM
    There is no NY City income tax for non-residents (only NYC residents have to pay that one).

    Be careful about trying to allocate some of our salary to NJ when you are on business trips - I'm wondering whether your company will report all your income to NYS, and if so, you would end up with reporting a different amount of income to NYS than what your company reports on your W2. Suggest you talk to your payroll department to avoid problems on that.

    I agree with delite that you are probably better off filing jointly on your non-resident NYS form.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Sep 20, 2007, 09:16 AM
    Agree; filing jointly will produce the LOWEST tax liability for NY.

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