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Married, living and working in different states
I think people have asked this before but I wanted to clarify
I got married this year. My husband lives and works in NY and needs to maintain that residency for his job. I live, work and own property in NJ. We see each other at either residence when we're not working. What is the proper way to file our federal and state taxes so that his residency is not brought into quesiton (ie with the nj address on the federal form) but I can still write off my mortgage taxes. Thank you for your help! |
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If you are filing joint return, for NY return you are nonresident and does not have any NY income. Your husband is resident and has NY income. For NJ you are resident and have income while your husband is nonresident and does not have any income. Your U.S. Tax Return: Working or Living in Two or More states |
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It is NOT quite that simple.
Since YOU probably spend a significant amount of time in NY and HE spends a significant amount of time in NJ, BOTH states may eventually contend that you both are full-time resident of their respective state if you continually filed joint returns. New York is NOTED for being picky in such matters! The only way to be sure to avoid that problem is to file Married Filing Separately for the federal return, then you file the NJ return and HE file the NY return. The alternative is one of you sells their property in the other state and move in full-time with the spouse. |
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