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Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3346
Experience:  15+ years tax preparation and tax advice.
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my husband works in ny and i work in nj. my husband lives

Customer Question

my husband works in ny and i work in nj. my husband lives with his parents due to job requirement.. we own a home in New jersey.. Do we file a resident new york and resident nj return with both our incomes taxed to both states??. we file joint our we entitled to a credit from new york for other jurisdication?
Submitted: 3 years ago.
Category: Tax
Expert:  Wendy Reed replied 3 years ago.

Thank you for giving me the opportunity to assist you. I will give the best answer that I can with the information provided.

 

Hello,

It is unclear to me from you post what state you and your husbands are residents of.

 

If your primary residence is NJ, they you file a NJ resident return and a NY non-resident return. You will get a credit on the NJ return for taxes paid to NY state. This is Schedule A on the NJ return.

 

If your husband lives in NY and you live in NJ, then you may wish to file separate NJ and NY returns--if this yields lower tax. Being residents of different states is one exception to filing joint state returns if you file a joint federal return.

 

Please let me know if you need additional assistance.

Customer: replied 3 years ago.

I file MfJ federally..In the past due to husband job must maintain residence in New York..Therefore state and city tax come out. We have filed in the past for several years dual residence NY and NJ with H and R . Main Home in New Jersey.. How do I Separate resident NY for Husband and Resident Nj for me?? Without compromise my husbands job as he lives with his parents monday night through thursday night?

I am under the assumption that if you have dual residence no credit from other jurisdiction is available... Please help guide me Thanks jade

Expert:  Wendy Reed replied 3 years ago.

Hello,

There is no "dual residence" for state taxation. You have one permanent residence, and that is your state of residency for tax purposes. I have done this in the past for clients that live in different states. At that time, the H R BLock software was not capable of handling MFS separate returns for states when the spouses filed jointly for federal, and paper returns had to be filed. I am not sure if that has changed.

 

In any event, if you both reside in different states, you can file a NY resident return for your husband using Married filing separately status. Only his income will be reported on this return. You can file a NJ resident return for yourself, using Married filing separate status, and only your income will be shown. If you have no income from NY, and he has no income from NJ, then no credits are needed.

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