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Hi all -

I routinely help with tax prep for friends, family, etc, most of whom are lower income graduate students, medical residents, etc. I've come across a situation which is unfamiliar to me.

Husband lives and works in new york city. Wife works full time in new jersey, and maintains an apartment there. She lives there 5 days a week, and comes 'home' to NY on weekends and vacations.

Is there any simple way to figure out state residency from this info?

What I've learned is that they are required to file in New york state as full time residents due to the fact that she COULD live in the NY home if she wanted. And the fact that husband lives there too year round obligates them anyway to file as nys residents as far as NY is concerned.

But for new Jersey, the wording in the instructions is vague, and implies that they can prorate the NJ income for the amount of time spent in jersey, as if they were part year residents. But it's only HER that is part-time in Jersey. Is it even possible to file as residents of more than one state? Such that they pay NY taxes on NY income, and NJ taxes on NJ income and then can get credits from each state for the taxes paid to the other? I'm not sure i'm phrasing that so that it makes sense.

Bottom line, anyone care to offer some advice as to how to approach this, while I spend time looking at NY/NJ tax instructions very closely.


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