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caldevil · Feb 1, 2012, 07:48 PM

I am a US resident but my spouse is a US non-resident with foreign income. I am planning to file married filing jointly. I am a resident of New Jersey while work at New York. I want to file jointly for NY but married filing separately for NJ as NJ tax foreign income with no credit. Can I have different filing statuses for different states? If so, how would I take credit for NY tax paid in NJ return.

Thanks.

ebaines · Feb 2, 2012, 11:26 AM

Originally Posted by caldevil

I am a US resident but my spouse is a US non-resident with foreign income. I am planning to file married filing jointly. I am a resident of New Jersey while work at New York. I want to file jointly for NY but married filing separately for NJ as NJ tax foreign income with no credit. Can I have different filing statuses for different states?

In general NJ requires that you use the same filing status on your NJ-1040 as you do on your federal return. But there is an exception:

If during the entire taxable year one spouse/civil union partner was a resident and the other a nonresident, the resident may file a separate New Jersey return. The resident computes income and exemptions as if a Federal married, filing separate return had been filed. The spouses/civil union partners have the option of filing a joint return, in which case their joint income would be taxed as if both were residents.

The term "resident" here means NJ resident - so this applies if your wife did not live in NJ at all during the year and has no NJ source income.

Originally Posted by caldevil

If so, how would I take credit for NY tax paid in NJ return.

File schedule A with your NJ-1040 return - that form gives you a credit for taxes you paid to NY.

caldevil · Feb 2, 2012, 06:43 PM

. I wanted to know if it is OK to file MFS for NJ while MFJ for NY.

ebaines · Feb 3, 2012, 06:38 AM

No problem with having different filing statuses for the two states, as long as the filing status is proper. Per NY instrictions you must file as MFJ for NY on IT-203. All I was trying to point out is that to file as MFS in NJ requires that your wife must not have been an NJ resident at any time during the year.