NY State Tax : Resident or Part YearResident dilemma.


S

Sannasi

During the tax year 2001, I worked both in VA and NY. Since
I lived more than 183 days in VA, I am very clear that I
need to file VA state resident form.

While working in NY, I commute to NY, worked on weekdays and
return back to VA for weekends to stay with my family. But
during the weekdays I stayed in NY and my company provided
my stay. I never maintained (paid by me) any residency.
Since I physically stayed in NY for some time, do I consider
as resident of NY for tax purposes? Also I am filing as
married jointly, but wife never stayed in NY.

What is not clear to me is which form I should file for NY
Part year resident or Nonresident? Any information on this
much appreciated.

Regards,
Sannasi Nehru
 
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J

John H. Fisher

During the tax year 2001, I worked both in VA and NY. Since
I lived more than 183 days in VA, I am very clear that I
need to file VA state resident form.

While working in NY, I commute to NY, worked on weekdays and
return back to VA for weekends to stay with my family. But
during the weekdays I stayed in NY and my company provided
my stay. I never maintained (paid by me) any residency.
Since I physically stayed in NY for some time, do I consider
as resident of NY for tax purposes? Also I am filing as
married jointly, but wife never stayed in NY.

What is not clear to me is which form I should file for NY
Part year resident or Nonresident? Any information on this
much appreciated.
You are a non-resident. Definitions may be found here:

http://www.tax.state.ny.us/pdf/publications/Income/Pub88_1103.pdf

Happy New Year - ALL=:)

"Jack" - John H. Fisher - (e-mail address removed)
Philadelphia, Pa - Atlantic City, NJ - West Wildwood, NJ
My Newsgroups & Boards at: http://members.aol.com/TaxService/index.html

Where Ignorance is bliss, 'tis folly to be wise!=:)
 
B

Benjamin Yazersky CPA

Sannasi said:
During the tax year 2001, I worked both in VA and NY. Since
I lived more than 183 days in VA, I am very clear that I
need to file VA state resident form.

While working in NY, I commute to NY, worked on weekdays and
return back to VA for weekends to stay with my family. But
during the weekdays I stayed in NY and my company provided
my stay. I never maintained (paid by me) any residency.
Since I physically stayed in NY for some time, do I consider
as resident of NY for tax purposes? Also I am filing as
married jointly, but wife never stayed in NY.

What is not clear to me is which form I should file for NY
Part year resident or Nonresident? Any information on this
much appreciated.
If you're not careful, you could be considered a resident of
both states, a very undesired situation. Each state really
isn't concerned about how another state treats you. You
need to read the instructions for each state.

You didn't state where you stayed in NY - a hotel room? or
a company provided apt? or whatever? or how long you were in
NY, or how many trips you made to NY? and were you provided
an office in NY?

Just recently, a client of mine who is a VA resident and a
NY nonresident received a desk audit notice from NY state.
By the information they requested, it is clear that they are
looking for additional issues to possibly pursue. It could
easily become a full blown field audit, if they choose. So,
one needs to answer these things carefully. Although the
issue was different than what you describe, NY is clearly
being aggressive in dealing with nonresidents.
 
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K

Katie Jaques

During the tax year 2001, I worked both in VA and NY. Since
I lived more than 183 days in VA, I am very clear that I
need to file VA state resident form.

While working in NY, I commute to NY, worked on weekdays and
return back to VA for weekends to stay with my family. But
during the weekdays I stayed in NY and my company provided
my stay. I never maintained (paid by me) any residency.
Since I physically stayed in NY for some time, do I consider
as resident of NY for tax purposes? Also I am filing as
married jointly, but wife never stayed in NY.

What is not clear to me is which form I should file for NY
Part year resident or Nonresident? Any information on this
much appreciated.
It sounds to me as though your domicile is in Virginia and
you are a resident there whether you were present for 183
days or not.

New York defines a resident to include all domiciliaries,
plus all individuals who are domiciled elsewhere but
maintain a permanent place of abode and spend more than 183
days of the taxable year in the state. Any part of a day
counts towards the 183 days.

Where did you stay when you were in NY? If you stayed at a
hotel, Residence Inn, that kind of thing, I don't think you
have a problem at all. If your employer rented an apartment
for your use, that COULD be an issue, but I would probably
take the position that it was not MY permanent place of
abode. Therefore, you would be a nonresident of NY even if
you were there more than 183 days. So, neither resident nor
part-year resident, but nonresident in NY.

VA will give you credit for the tax you pay to NY on your
income earned there, limited to the proportion of your VA
tax that relates to that income.

Katie in San Diego

The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.
 

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