Question

Considered a resident?

Forum|Forum|4 years ago
February 6, 2022
2 replies
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Hello,

So I lived in a state for 10 months but moved to my hometown state after October and have been living here ever since.

Recap: 10 months in one state Jan-Oct 2021

2 months different state Nov-Dec 2021

the question is am I still considered a resident of the state I lived in for the 10 montths? that would be my state of residency correct? I would only file taxes in that state since i made income only in that state.

LenaH

It depends. Is the move back to your home state permanent or temporary? Typically, you are a resident in the state you have your domicile.

In general, your domicile is:

the place you intend to have as your permanent home
where your permanent home is located
the place you intend to return to after being away (as on vacation, business assignments, educational leave, or military assignment)

Therefore, if you plan to stay in your home state, then that would be your new state of residency.

Either way, you need to file a part-year return (not a resident return) reflecting the time living in the state. Please see How do I file a part-year state return? for instructions on how to file part-year returns.

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L

la46Author

But for taxes, which state would be considered my state of residence? It is only temporary. I had already been living in that other state for a year and 10 months. but regardless i will have to do a part year return?? is that extra money to file, or can i do it on deluxe? what if i did not make any income during those two months i was jsut here for those two months?

Hal_Al

Employee

Based on the limited info you provided, you file a part year resident return for both states.

But It depends, more info is needed. What is your intent when you say "It is only temporary"? Are you working there? Why were you in that other state for 22 months? School is a special situation? Moved (returning) to your hometown state is a special circumstance. What is the state of you car registration, voter registration, drivers license? Did you work in the 22 month state? What state(s) did you file taxes in 2020 (filed as resident, non resident or part year resident)?

What are the two states. Rules vary and reciprocity may be involved