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Married filing jointly for 2013. Both Schedule-C self-employed.

Lived in OK 25years. Wife...
Married filing jointly for 2013. Both Schedule-C self-employed. Lived in OK 25years. Wife still does. I rented apt. in NYC on May 1st. Cleanest way would be to file Married-Joint Federal, and Married-Joint Oklahoma Taxes for 2013, then if my residence is permanent in NYC by 2014, start filing separately. Potential divorce after 1st of year. However, domicile rules for NY kick in. My income is consulting (no store front, no products, no walk-in clients, no advertising in NY, no bank here, no business address here). Alternate way (more expensive, and potentially convoluted) would seem to be to file married-jointly on federal for 2013, but file separately on OK state for her and part-year resident separately for me on OK state and NY state/city. Thing is, I think NY taxes on the full federal joint income, so I'd end up paying tax to two states on wife's portion. The NY forms IT203/203B and IT360.1 has only a line for full federal income (i.e. joint income). That would mean wife's income is taxed in NY just because we filed jointly on federal. What to do?
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9/11/2013
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,592
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Megan C :

Hello! I am a CPA here to assist you with your tax questions. My goal is to provide you with excellent service today.

Megan C :

How are you today?

Megan C :

You're going to have to file joint tax returns for federal, New York, and OK. However, you will only owe income tax on income you earned in New York in New York, and only in OK when you earned it htere

Megan C :

You will be a part year resident in New York and OK both

Megan C :

So, in essence you will not be paying tax on income you earned in New York in Oklahoma and vice versa. Your wife is a full year resident of OK, but a non-resident of NY so none of her income is taxed in New York

Customer:

Hi. But the NY/NYC forms only have a place for fed income to be carried over (jointly) which seems to indicate that we're carrying over the full federal amount, which means NY will tax all family income, including the wife's, since we file federal jointly.

Megan C :

Yes, but you will make adjustments for non-NY income

Customer:

Thing is - on form it203, the federal amount is just one amount, carried over from the federal return. There doesn't seem to be a means of inputting a partial amount for *my* part of the federal income.

Megan C :

Yes, it's on the rest of the tax form. You will need to complete the return. IN the year of your change, I would suggest having an accountant do your taxes because they will be very complex

Megan C :

You use the part year tax return - IT-203

Customer:

Looking at it now. One sec.

Megan C :

Okay thanks

Customer:

I'm looking on IT 203 for where it actually *exempts* the wife's portion of total federal taxable income (made up of wife and I both) from NY taxation. It doesn't seem to be there?

Megan C :

You put the federal amount on one column and the New York State only income on that column

Megan C :

You don't put your wife's income on the New York State column

Customer:

Ah - so you're saying the NY only income is only *my income* and only *my income for the portion of time I was in NY*!

Megan C :

That is correct

Customer:

You rock. That's clarity! Mind if I ask one more tiny question?

Customer:

(related)

Megan C :

Okay that's fine

Customer:

If I just skipped all this and waited to file NY clean in 2014 and filed OK only in 2013, would they get me?

Megan C :

They could, yes because you owe New York and New York City tax.

Megan C :

And New York is about like California in terms of finding those who owe them money

Customer:

You've been great. I appreciate it. I admit I wasn't sure I could get good help on a site like this. First time. But it works.

Customer:

Wow.

Customer:

Thank you.

Customer:

Will be doing this again!

Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
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Megan C
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