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April 4, 2022
Question

Working remote in CA for NYC University then move to NYC, Residency and Tax Questions.

  • April 4, 2022
  • 1 reply
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Dear Tax Experts,

My daughter worked in CA for local company until 2020 fall, she went back to a university in NYC for graduate school. As in pandemic, she stayed in CA until Sept. 2021. She has W2 as teaching assistant from school. As NY state consider all her W2 as NYS income, what about NYC income? Turbotax asked me about income during residence in NYC as part year city resident, should I put partial income as NYC income? What is CA tax law, does it consider the NYC school income as CA income while she lived in CA (8 months)? What about other incomes like interest and dividend, should I divide them by the two states? or it should all go to NYS/NYC? what is my daughter's residency in NY, part year or non resident?

 

Thanks a lot for your help!!!

I really appreciated it!!!

 

 

1 reply

April 4, 2022

New York City income tax only applies to NYC residents. She would not be a NYC resident if she was in NYC to attend school. 

 

Attending school is considered a temporary absence so your daughter remains a California resident unless she moved permanently to NY in September.

 

California residents pay taxes on income earned anywhere during their period of residency.

 

File a full year California resident return and a full year nonresident New York return. Report all income on the CA return and only NY income on the NY nonresident return.

 

You can claim a credit for tax paid to NY on the CA return.

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ProudDadAuthor
April 4, 2022

Thank you so much for your reply.

 

Our home is in Virginia. Where is my daughter's permanent home if she chooses to be nonresident of NYC? I understand for 2021 she considers herself as full resident in CA (but Turbotax considers her as part year CA and part year NY). For 2022, where should she consider her permanent residence as she will be living in NYC full year?

 

In her 2021 W2, both NY and CA show the full amount she was paid for, i.e doubled income. Is that OK i use partial income for NY state, and no income for NYC as she is nonresident? I will use full amount for CA and then get credit from NY, right?

 

Thank you!

ProudDadAuthor
April 4, 2022

by the way, my daughter lived and worked in NYC for 7 years before moved to CA in 2019. She went back to school in NYC (remotely, still live in CA in 2020 and 2021 until Sept.).  Can she consider herself CA resident for 2021, nonresident of NY for 2021, then in 2022 consider herself as resident of NY?

 

Thank you!