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    wade325's Avatar
    wade325 Posts: 1, Reputation: 1
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    #1

    Mar 18, 2006, 09:41 AM
    Living in NJ, work in NY, how should I file
    My wife and I live in NJ and always file both Federal and State returns as Married Filing Jointly.

    In 2005 I took a new job working in Manhatten. My wife continued to work in NJ. I'm using TaxCut software, and completed our Federal return using the Married filing jointly status. I realized going into it that I would have to file both NJ and NY state returns. My employer withheld NY state taxes, my wife's employer withheld NJ state taxes.

    My question is how should we file our state returns. Should we file Married Filing Jointly for both NY and NJ, should I only file a NY return using the Married Filing Separate? Also, when I file for NY state, shouldn't only the income from my employer be declared, or do I have to declare any additional income from my wife, brokerage accounts, etc.

    Also, since we are not required to file a joint NY state return, if we choose to, do we need to fill out the Form IT-203-C Spouse's Certification because my wife has no NY state income?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Mar 18, 2006, 09:57 PM
    File jointly for both returns.

    You will report both incomes, but will only be taxed by NY state for income earned in NY state. You will file Form IT-203. Be sure to NOT put your wife's income, nor any interest or brokerage income in the NY column.

    If you attach both W-2s to the return, the Form IT-203-C is not really needed. However, it's not a hard form to complete, so do so.
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