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New Member
posted Jun 3, 2019 1:13:05 PM

Tax Year Prior to 2020: We spend 7 months in Florida in the winter and 5 months in New York in the summer

We still own the home in New York but rent in Florida in the winter.

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3 Replies
New Member
Jun 3, 2019 1:13:06 PM

My husband has florida dirver's license and registered to vote in Florida.  We rent property that our home sets on in Fl.

Level 5
Jun 3, 2019 1:13:07 PM

This link has a detailed definition of a New York Resident <a rel="nofollow" target="_blank" href="https://www.tax.ny.gov/pit/file/pit_definitions.htm">https://www.tax.ny.gov/pit/file/pit_definitions.htm</a>

For Florida, their website says "You are considered a Florida resident when your true, fixed, and permanent home and principal establishment is in Florida.  Filing a declaration of domicile, qualifying for homestead exemption, or registering to vote in Florida can establish residency. Other actions, such as obtaining a Florida driver’s license, only indicate the intent to establish residency." <a rel="nofollow" target="_blank" href="http://dor.myflorida.com/Forms_library/current/gt800025.pdf">http://dor.myflorida.com/Forms_library/current/gt800025.pdf</a>

Level 5
Jun 3, 2019 1:13:08 PM

You will file a part-year resident return for New York.  Since you regularly live in both states, then your resident state is the state in which you have established a "permanent" residence (New York).  To determine permanent residency, some things that would be considered are owning a home, where your driver's license is from, and where you are registered to vote.

The instructions below are for moves to another state, but the same rules apply when filing a part-year return for your situation.


How do I file if I moved to a different state last year?

https://ttlc.intuit.com/replies/3302342