federal joint return, NJ separate return, how should I prepare and efile?

[cl2019]

One spouse is NJ resident and another is NJ nonresident. They file federal joint return. Since the NJ nonresident spouse has foreign country income and filed form 2555. NJ seems does not recognize 2555 income exclusion. So, I am thinking if I file NJ separate returns for them, the non resident will not need to report the foreign country income. 

My questions are:

1. can they file NJ joint return if one is NJ resident and another is NJ nonresident

2. if they choose to file NJ separate return and federal joint return due to one spouse is NJ nonresident, does ATX accommodate such treatment? Does ATX allow me to choose MFS for NJ and MFJ for federal? If yes, can I efile NJ separate return or I have to paper file?

Thank you so much!

 

[Max W]

When you say "non-resident", is that the visa status, or the tax status?  For tax status residency, NJ only requires 30 days of residence in the state.

NJ also excludes foreign Earned Income.

[cl2019]

36 minutes ago, Max W said:

When you say "non-resident", is that the visa status, or the tax status?  For tax status residency, NJ only requires 30 days of residence in the state.

NJ also excludes foreign Earned Income.

Thanks for the prompt response. I mean nonresident for tax purpose. The spouse did not live in NJ in 2019 at all. Thanks.