atozmom Posted February 5, 2013 Share Posted February 5, 2013 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: Quote Link to comment Share on other sites More sharing options...
Renee in NC Posted February 5, 2013 Share Posted February 5, 2013 Is he going to sign the joint tax return? Quote Link to comment Share on other sites More sharing options...
atozmom Posted February 5, 2013 Author Share Posted February 5, 2013 Yes, he will be signing it. We do it online. Quote Link to comment Share on other sites More sharing options...
atozmom Posted February 5, 2013 Author Share Posted February 5, 2013 Bumping for the morning crowd. Quote Link to comment Share on other sites More sharing options...
DawnM Posted February 5, 2013 Share Posted February 5, 2013 Were you legally separated by the end of 2012? If not, you need to file joint or married filing separately. Quote Link to comment Share on other sites More sharing options...
atozmom Posted February 5, 2013 Author Share Posted February 5, 2013 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. Quote Link to comment Share on other sites More sharing options...
LizzyBee Posted February 5, 2013 Share Posted February 5, 2013 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. Quote Link to comment Share on other sites More sharing options...
atozmom Posted February 5, 2013 Author Share Posted February 5, 2013 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. Quote Link to comment Share on other sites More sharing options...
LizzyBee Posted February 5, 2013 Share Posted February 5, 2013 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: Quote Link to comment Share on other sites More sharing options...
atozmom Posted February 5, 2013 Author Share Posted February 5, 2013 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: Thank you so much Elizabeth. :001_smile: Quote Link to comment Share on other sites More sharing options...
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