Treating foreign spouse as NRA or Full-time resident?

[Boring Life 20]

Hello.

I married outside U.S. Wife never been to U.S and neither she works. I including her on my tax return as MFJ and got ITIN number. But, what should I treat her state taxes? Full- time resident, Part-time resident or Non-resident on NY tax?

[igoyougoduke 1,656]

it depends on how long she has lived in the US and her status. 

[Boring Life 20]

12 hours ago, James120383 said:

it depends on how long she has lived in the US and her status. 

She never been to US and has no status

 

[Ayrton 965]

17 hours ago, Boring Life said:

Hello.

I married outside U.S. Wife never been to U.S and neither she works. I including her on my tax return as MFJ and got ITIN number. But, what should I treat her state taxes? Full- time resident, Part-time resident or Non-resident on NY tax?

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

 

[Wuozopo 4,293]

18 hours ago, Boring Life said:

Hello.

I married outside U.S. Wife never been to U.S and neither she works. I including her on my tax return as MFJ and got ITIN number. But, what should I treat her state taxes? Full- time resident, Part-time resident or Non-resident on NY tax?

She qualifies as a non-resident if NY. 

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.

 

With no income at all, adding her on a joint NY return shouldn’t cost you any additional taxes than you would pay on just your income alone. There may be benefits like extra deductions for a spouse that benefit you. I am not familiar with NY state taxes to know about all the deductions and such on a joint return vs separate return.  So you may choose joint or separate. She has no income so wouldn’t actually have to file but you may get a better deal adding her to a joint return.

Edited September 27, 2020 by Wuozopo

[Boring Life 20]

2 hours ago, Wuozopo said:

She qualifies as a non-resident if NY. 

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.

 

With no income at all, adding her on a joint NY return shouldn’t cost you any additional taxes than you would pay on just your income alone. There may be benefits like extra deductions for a spouse that benefit you. I am not familiar with NY state taxes to know about all the deductions and such on a joint return vs separate return.  So you may choose joint or separate. She has no income so wouldn’t actually have to file but you may get a better deal adding her to a joint return.

Thanks, She had no income and I think including her as MFJ along with full-time resident be beneficial.

[brandonchen0920 0]

On 9/27/2020 at 8:20 PM, Boring Life said:

Thanks, She had no income and I think including her as MFJ along with full-time resident be beneficial.

Same situation here. But when filing online, the NYS part ask how many days she lived in NY for the year. I had to put 0 and missed out some credits.