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Is there a way to file a MFJ Federal return and then a MFS NY and MFS OK return without having to use three credits?

KimSchwinge
Level 1
 
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4 Comments 4
itonewbie
Level 15

Generally, both NY and OK require the same filing status as federal to be used.  Is one a resident of NY and the other a resident of OK?

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Still an AllStar
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PhoebeRoberts
Level 11
Level 11

From the forms instructions:

The filing status for Oklahoma purposes is the same as on the
federal income tax return, with one exception. This exception
applies to married taxpayers who file a joint federal return where
one spouse is a full-year Oklahoma resident (either civilian or
military), and the other is a full-year nonresident civilian (nonmilitary). In this case, the taxpayers must either:
1. File as Oklahoma married filing separate. The Oklahoma
resident, filing a joint federal return with a nonresident
civilian spouse, may file an Oklahoma return as married filing
separate. The resident will file on Form 511 using the married
filing separate rates and reporting only his/her income and
deductions. If the nonresident civilian also has an Oklahoma
filing requirement, he/she will file on Form 511NR, using
married filing separate rates and reporting his/her income and
deductions. Form 574 “Allocation of Income and Deductions”
must be filed with the return(s). You can obtain this form from our
website at www.tax.ok.gov.
-OR2. File as if both the resident and the nonresident civilian were
Oklahoma residents on Form 511. Use the “married filing joint”
filing status, and report all income. A tax credit (Form 511TX)
may be used to claim credit for taxes paid to another state, if
applicable. A statement should be attached to the return stating
the nonresident is filing as a resident for tax purposes only.
If an Oklahoma resident (either civilian or military) files a joint
federal return with a nonresident military spouse, they shall use
the same filing status as on the federal return. If they file a joint
federal return, they shall complete Form 511NR and include in
the Oklahoma amount column, all Oklahoma source income of
both the resident and the nonresident.

KimSchwinge
Level 1

I have a married couple that did not live in the same state. One was exclusively NY and one exclusively OK. I've done the tax research to do this so that's not my issue. I'm more concerned with how to do this using credits. I need a joint federal that can be efiled and then a paper for NY (yes, I know the rules, but this is an exception) and paper for OK because I can't efile differently from federal. In any event, maybe I just answered my own question and I can't avoid three return credits. 

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itonewbie
Level 15

@KimSchwinge wrote:

I have a married couple that did not live in the same state. One was exclusively NY and one exclusively OK.


If one lives exclusively in NY and the other OK, agree your clients can file MFS for state returns. 

However, this will cost you 3 credits unless Intuit grants you an exception.  Since both NY and OK are piggyback states and the federal return will be filed as MFJ, both states' MFS returns will need to be filed on paper.

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Still an AllStar