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  3. If I filed “married filing jointly” on my federal tax return, can I file “married filing separately” for New Mexico?

If I filed “married filing jointly” on my federal tax return, can I file “married filing separately” for New Mexico?

No, a taxpayer filing a New Mexico income tax return must use the same filing status for New Mexico and the IRS. Spouses using “married filing jointly” for the IRS must use the same status for New Mexico; those using “married filing separately” for the IRS must do likewise for New Mexico.

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