Tax query: Spouses living in 2 different states

Sidh
Sidh Member Posts: 2 Newcomer
in State Filing

Can spouses living in 2 different states ( NY and MA) file MFJ at federal level and MFS for each state? Does NY and MA allow MFS filing if federal has been filed as MFJ? Thanks!

Answers

  • RyanZ
    RyanZ FreeTaxUSA Agent Posts: 77

    Yes, spouses living in 2 different states as full year residents of their respective state may file a federal Married Filing Joint (MFJ) tax return.

    Regarding the Married Filing Separate (MFS) for each state, you need to review the filing requirements for both states, because some states will allow you to file MFS and others won't. FreeTaxUSA only supports filing state returns with the same filing status claimed on the federal tax return. In some circumstances, you may create additional accounts (you can use the same email address with a different user name) to accomplish filing a MFS state return for each individual, but you will need to mail the state returns.

    New York
    https://www.tax.ny.gov/pit/file/filing_status.htm

    In nearly all cases, you must use the same filing status that you used on your federal return.

    The only exceptions to this rule apply to married individuals who file a joint federal return and:

    • one spouse is a New York State resident and the other is a nonresident or part-year resident. In this case you must either:
      • file separate New York State returns using filing status ③; or
      • file jointly, as if you both were New York State residents, using filing status ②.

    Massachusetts
    https://www.mass.gov/info-details/filing-status-on-massachusetts-personal-income-tax#married-

    If you're legally married as of the last day of the tax year, you can file either jointly or separately. Massachusetts law does not recognize common-law marriages.

    Please note that a joint return isn't allowed if both you and your spouse weren't Massachusetts residents for the same portion of 2024.

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