Question

NY State Separate Filing

Forum|Forum|4 years ago
February 4, 2022
2 replies
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Married filing separate returns:

One spouse residence was NY for all 2021

One spouse residence was Florida for all 2021

Turbo Tax asks if both are taking the standard deduction for New York State. One would be yes, the other no. Is there a fix for this?

There is no other selection which causes Turbo Tax to ask for spousal exemption # and AGI. This is not necessary, so what do I do?

B

blankomanAuthor

There is also no section in the NYS Turbo which asks if the other spouse was a resident or non-resident of NYS. It seems to assume that spouse lived in NY, while they lived all of 2021 in another state. Am I missing something?

T

TomD8

Employee

"Turbo Tax asks if both are taking the standard deduction for New York State. One would be yes, the other no."

From page 19 of the 2021 NY tax instructions:

If you are married and filing separate returns (filing status ), both of you must take the standard deduction
unless both of you elect to itemize deductions on your New York returns.

https://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf

**Answers are correct to the best of my ability but do not constitute tax or legal advice.