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June 1, 2019
Question

I am retired and do not pay NY state tax. I pay only Federal. Do I have to fill out NY State Tax refund, when I don't need to.

  • June 1, 2019
  • 1 reply
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1 reply

Employee
June 1, 2019

We can certainly appreciate the desire to avoid the time, trouble, and expense of filing a tax return that is unnecessary, or that you know in advance will show a "no tax due" result.

However, in instances such as yours, there may still be a legal requirement to file in New York state, even if it doesn't make much common sense to do so.

According to the New York Department of Finance & Taxation, if you are a New York State resident you must file a state tax return if you meet any of the following conditions:

  • You have to file a federal return.
  • You did not have to file a federal return but your federal adjusted gross income, plus New York addition was more than $4,000 ($3,100 if you are single and can be claimed as a dependent on another taxpayer's federal return).
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
  • You want to claim any refundable or carryover credits

Here is a link to the above (official government) webpage, so you can confirm this information for yourself:

https://www.tax.ny.gov/pit/file/residents.htm

With respect to the NY filing requirements applicable to part-year residents and nonresidents, you can refer to this webpage for more information:

https://www.tax.ny.gov/pit/file/do_i_need_to_file.htm


What you may now choose to do (file a state return in NY, or not) is ultimately up to you, as the individual taxpayer.  However, at least now you have to factual information available to you, to help inform your decision.

Thanks for asking this important question.