Jump to content

Menu

Any tax experts????


atozmom
 Share

Recommended Posts

Ok, so here is the scenario. My husband moved out in Sept. Moved to New York in November with his girl friend. The divorce was started last year but still not complete, so I know we can still file married and joint. I have his W2s. I wasn't even thinking about New York having state tax. Do I file that as joint too since we are filing federal joint? Does that one need to be filed separately by him?

 

Uggghhhh....help. I just want to do my taxes and get my refund. His actions keep messing me up left and right and I am really getting sick of it. :mad:

Link to comment
Share on other sites

No, we were not legally separated in 2012. I know we need to be filing married for our federal return. However, Florida does not have a state tax so that part is new to me. He has only lived in New York for 2 months, but long enough to file NY state tax. I wasn't sure if he would be able to file his state on his own or if that had to be filed joint as well.

Link to comment
Share on other sites

No, we were not legally separated in 2012. I know we need to be filing married for our federal return. However, Florida does not have a state tax so that part is new to me. He has only lived in New York for 2 months, but long enough to file NY state tax. I wasn't sure if he would be able to file his state on his own or if that had to be filed joint as well.

 

Every state has different rules. Google "New York part year resident individual income tax instructions" and see if you get a hit that takes you directly to the pdf version of the instructions, then look for filing statuses. There will usually be some guidance there regarding married couples when one lives in state and the other doesn't.

Link to comment
Share on other sites

Ok, from googling, this is what I found. Am I reading it correctly that he will need to file his NY state tax on his own? I did not have any income from the state of New York. I know this is probably way easier to figure out than what I am making it, but I am just so stressed out and over-whelmed with being the one to have to deal with all of our legal stuff we are going through right now.

 

Link to comment
Share on other sites

Ok, from googling, this is what I found. Am I reading it correctly that he will need to file his NY state tax on his own? I did not have any income from the state of New York. I know this is probably way easier to figure out than what I am making it, but I am just so stressed out and over-whelmed with being the one to have to deal with all of our legal stuff we are going through right now.

 

Joint filing exception for some married taxpayers

If you are married and filing a joint federal income tax return

but one spouse is a New York State resident and the other

is a nonresident or part-year resident, you are required to

file separate New York State returns. The resident must use

Form IT-201, Resident Income Tax Return. The nonresident or

part-year resident, if required to file a New York State return,

must use Form IT-203. However, if you both choose to file a

joint New York State return, use Form IT-201 and both spouses’

income will be taxed as full-year residents of New York State.

 

Yes, he should file a separate NY return. At least that is one thing you can cross off your list of things to do or worry about. :grouphug:

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...