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willlastforawhile · Jun 28, 2006, 12:36 PM

Hi, Tax Experts:

My family is in Texas, where this is no state income tax. If I rent an apartment in NJ and work in NYC (W2 Fulltime employee) by myself, while my wife still works in Texas, what taxes do I need to pay/file? Am I still considered a TX residence for tax purpose?

Any advice is highly appreciated!!

ScottGem · Jun 28, 2006, 01:02 PM

I think the key is where you spent most of your time. If you maintained a residence in NJ and lived there on weekdays, that would be considered your primary residence.

The taxes you pay in NY should offset your NJ tax liability so you wouldn't have to pay NJ anything.

If Texas has not income tax, then you wouldn't need to file a return there.

RickJ · Jun 28, 2006, 01:07 PM

Also, willas, see this thread:
https://www.askmehelpdesk.com/taxes/...sed-26658.html

I'm no tax guru - but just noticed the similarities...

willlastforawhile · Jun 28, 2006, 01:39 PM

Originally Posted by ScottGem

I think the key is where you spent most of your time. If you maintained a residence in NJ and lived there on weekdays, that would be considered your primary residence.

Thanks a lot, ScottGem! But when I file NY state tax return, do I do a married file separately, or jointly file with my wife and kids?

ScottGem · Jun 28, 2006, 03:58 PM

That's a harder one. Hopefully ATE will pop in here and give you better advice on that.

AtlantaTaxExpert · Jun 29, 2006, 03:10 PM

You need to pay NJ (as a resident) and NY (as a worker) state income taxes.

You can file jointly in NY (even though your wife is in Texas) to get the lower tax rates and higher exemptions, and you do not have to count her salary.

As for NJ, I believe off the top of my head that you need to file married filing separately.