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possiblyMFS return

ms856nick
Level 2

I might be over thinking this, but here goes. I have a client who got married in 3/2022. His wife lived in NY until they were married then moved to NJ in March of 2022 , he lived in NJ always. She  has all NY income, he has all NJ income. He has a Federal offset that  will take any refund .

I guess my problem  is how do I file them? Do I do both NY and NJ. as MFS ? If I file MFJ then can I do a Injured spouse form. Also if I file MFJ is it only a NJ return..  I need some guidance on this and I appreciate any help you can give me

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4 Comments 4
sjrcpa
Level 15

You're underthinking some of it.

Once she moved to NJ she has NJ income, not "all NY income". Even if NJ taxes it, too.

You'll need to read the NY and NJ instructions for part year residents and spouses with different periods of residence and allowable filing status.

Have you considered MFS for federal? Then the state questions are easy -MFS.


Ex-AllStar
taxes96786
Level 9

MFJ federal, non resident mfj NJ, if allowed... if not MFS NJ check their instructions

 

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Terry53029
Level 14
Level 14

If the husband has debts that the wife is not responsible for, then I would probable file MFJ, and injured spouse. Would have to see all details, because if it makes no difference then I would go with MFS 

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ms856nick
Level 2

Thank you ,  I was leaning towards MFS. I appreciate your input and time.

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