I live in NM part time & TX the rest of the time. Claimed part time residency in NM State return. I earn all my income in TX. How do I calculate the NM income portion?

Forum|Forum|2 years ago
March 4, 2024
1 reply
0 views

Texas does not have state returns. Do I cut the income in half between states?

TurboTax Online

Best answer by Vanessa A

@Vanessa A So I wouldn’t be able to claim part time resident either? Since I stayed in Texas part time? I was hoping the fact that I stayed in Texas part time then all my income was in Texas would change the full time resident status. I still don’t want to move from NM and will be living part time in Texas. So then I’d need to change something to Texas to be a Part time resident in NM? Thank you for all the information, it’s very helpful.

New Mexico is pretty clear on their law. They leave no room for not paying taxes on the income. As long as your primary home is in NM, they are taxing all of your income. Staying in a hotel or driving back and forth to work will not count as you being a resident of another state. You would actually have to set up a home and make it your primary home, not just your second home.

"Part-Year Resident You are a New Mexico part-year resident if you meet all of these conditions:

You were a New Mexico resident for part of the year.
You were not physically present in New Mexico for 185 days or more.
On December 31, you were no longer domiciled in New Mexico and you had moved to another state, intending to maintain domicile status in that other state.

Resident For purposes of the Income Tax Act, you are a New Mexico resident if either of the following are true:

Your domicile was in New Mexico for the entire year or;
You were physically present in New Mexico for a total of 185 days or more during the tax year, regardless of your domicile." New Mexico Personal Income Tax Instructions

SharonD007

Please clarify, when you say you claimed part-time residency in NM, do you mean you are filing a part-year tax return?

**Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"

the4bears-Author

I guess that is part of my question since I’m not sure if I’m doing this correctly. I lived part time in New Mexico and the other part in Texas. Could I file a part year state tax return?

mglauner

Is Texas your official state of Residency? Driver's license, bank, voting, etc.

If so, you could file a Non-Resident return for New Mexico, to report income earned there or tax paid there.

However, since you state that you earned all your income in Texas, why do you feel you need to file a New Mexico return? It sounds like you spend part of the year in each state, but are not actually moving from one state to the other.

Here's some info on What is My State Residency Status? and Why Would I File a Non-Resident Return?

@the4bears-