Can you file a federal MFJ and MFS for NY and NC

[jfjefts]

T/P's are both earning in excess of $250,000. One works in NY and the other in NC, Can they file MFJ for the federal and MFS for the state level?

[sjrcpa]

Check the NY and NC instructions.

I believe the answer is no for NY.

[Accountant-Man]

Check the states' laws, and where are they residents?

[GodFather]

Sounds like those returns have the potential for a nice prep fee. 

[ljr]

yes but this will get complicated depending on where each on lives. Both live in the same state? what is their resident state not just where they work. If they live and work in the separate 2 states it is easier mfs resident for home state each. But if they both live in one or the other then the are both residents of the home state with a non resident return for the other. not sure why they want mfs states if they are both residents of one or the other. Well I can guess why but that's another story.  . . . . . 

[Accountant-Man]

NJ law says if MFJ federal they MUST file MFJ state; HOWEVER, if they reside in different states, then they can file MFS.

[Skylane]

The question is also one of residency for each spouse. I’ve seen married couples where one was a NJ resident and her husband a Fl resident. They file MFJ federal. She filed MFS NJ.