Different State residency for Spouses

[BHoffman]

Newlywed Husband and Wife own 2 homes - one in NY and the other in WA. Both are retired. They each have taxable pensions and collect SS. Only the WA house carries a mortgage. I believe the WA house is titled in both their names.

Husband might spend > 6 months of each year in NY and wants to file as a NY resident.

Wife might spend > 6 months of each year in WA and wants to file as a WA resident.

To accomplish this, I think they have to file MFS - right?

Thanks for advice.

[Jesse]

How about Married Filing Joint for the Federal and Married Filing Separate for each state?

[BHoffman]

That would be great! Thanks!

[Kram BergGold]

no tax in WA

Washington does not have a state income tax. No wonder she wants to file there.

[Jesse]

Now that I think about it...

Could you do a MFJ return w/ Husband as NY resident and Wife as nonresident?

Many, many, many years ago I had a similar situation with the husband in IL and the wife in Wisconsin and if I recall correctly I did Federal MFJ and WI and IL both MFJ on the Non/Part year resident forms - one for each state.

[S T]

I really dislike these from a State perspective - Federal can be MFJ - State options
I have on between Calif and Colorado this year, it was easy until the two taxpayers decided to get married in 2011 and late in the year at that.

It will take some time to review the State requirements and NY seems to me to be the worst of the requirements.

B Hoffman not sure if in your scenario 6 months each will qualify for each of the State Returns - and WA does not have a State Tax.

I have one in Texas and NY - not easy!

Sandy

[BHoffman]

Jesse - Not sure how to enter it and might have to ask my software provider. I'll figure that part out. Thanks again for your kindly advice on this probably basic thing

Sandy - These are not the real states. They are both non-community property states, and one has no income tax. The state with the income tax allows the Fed MFJ, so that's OK. Good luck with that NY return.

[Gary2]

[QUOTE=S T;132249
It will take some time to review the State requirements and NY seems to me to be the worst of the requirements.
[/QUOTE]
New York expects separate returns, notwithstanding a federal MFJ, when one is a full year resident and the other isn't. They allow the option of filing a joint, full year resident return (which probably makes sense only when the non-resident/part-year resident spouse has very little income).

In this regard, NY seems typical, not particularly better or worse than other states.