Question

NJ State Income Tax for part year resident with spouse being Full year Resident

Forum|Forum|2 years ago
March 10, 2024
1 reply
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I recently moved to Florida and am a resident of FL since Nov1 . Prior I was a resident of NJ where my Spouse is still a resident. My understanding is that since I was a resident of NJ for part of the year we cannot file a joint federal return and separate NJ State returns (can only do that if I was a non resident for entire year). If we file a joint NJ State return am I still able to allocate my income so that I do not pay NJ state taxes on money earned outside NJ for November and December of 2023?

Appreciate any insights anyone has. Thank you!

AmyC

Your understanding of NJ law is correct for filing requirements. NJ taxes all resident income and gives a tax credit for tax paid to other states. Fortunately, FL has no state tax. Unfortunately, that means no tax credit against your NJ resident return. It will be good to get you both moved, new licenses, voters registration, etc so NJ can't claim you income. For a part year return, you will be able to file only NJ income.

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