US state residency rules

Forum|Forum|1 year ago
August 26, 2024
2 replies
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Moved to Texas permanently from New York in August (residential as well as office location to Texas) how do I prove to NYS taxation so that I do not owe taxes to them post August salary? Could you confirm the rules on how my annual income will be taxed for the two states ( my salary was reduced with the Texas transfer)

Bsch4477

Employee

You would file as a part time New York resident and have the opportunity to report the income you earned while living there.

xmasbaby0

Employee

You will need to file a part-year return for NY. TX has no state income tax, so you will not file a state return for the time that you lived and worked in TX.

https://ttlc.intuit.com/questions/1901227-how-do-i-file-a-part-year-state-return

https://ttlc.intuit.com/questions/1901560-how-do-i-file-if-i-moved-to-a-different-state-last-year

https://ttlc.intuit.com/questions/2895983-how-do-i-allocate-split-income-for-a-part-year-state-return

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Hal_Al

Employee

Q. How do I prove to NYS taxation so that I do not owe taxes to them post August salary?

A. You don't try to prove anything at tax filing time. You wait to see if you get questioned, after filing your part year resident NY return. The most important thing is to get your employer to stop withholding NY tax effective the date of the move. It's when your state return asks for the refund of mistaken withholding that the NYS taxation people wonder why.

TomD8

Employee

Also, take concrete steps to establish your Texas residency: get a Texas driver's license; register to vote in Texas; get Texas plates for your car, etc. If you're subjected to a residency audit, New York will want to see proof that you in fact have become a Texas resident - as evidenced by your actions.

There have been instances where a taxpayer was pursued by their "old" state because they had never changed their driver's license to the new state. So the old state's computer systems "thought" they were still residents of the old state.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.