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carlynyc
New Member

Am I a resident if I’m a student supporting myself?

In August 2023, I moved from NM to NYC. I had a one-time gift of $6k from my parents to pay for my first semester of housing; other than that, I supported myself through my savings. I got a remote job in October 2023 and have since supported myself completely, including tuition. All documentation for my job has me listed under my New York address, which is my dorm. I also intend to stay in New York after school; I go back to NM for school holidays, but I no longer consider it my home state and after I graduate I’ll be living in New York full-time. I still have an NM state ID and am registered to vote in NM. My only bank account is a Navy Federal account which my dad, who lives in Colorado, sponsors, so I’m not sure of the address on that. All my other bills have my NYC address, and I also have a donation to my church in New York that I’ll be listing as a deduction.

 

Where would I fall for residency purposes? I can’t find much information online about tax qualifications for students supporting themselves, especially students who aren’t just away for school but intend to live in their new state permanently.

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2 Replies
Hal_Al
Level 15

Am I a resident if I’m a student supporting myself?

Q. Am I a resident if I’m a student supporting myself?

A. No. It takes more than that.  

 

The general rule is students are residents of their home state until they take concrete steps to change it. This is true whether they are a dependent or not.

Intent is a key element ("intend to stay in New York after school..... but I no longer consider (NM) my home state"). On the other hand. "I still have an NM state ID and am registered to vote in NM" indicates otherwise.

 

Bottom line: it's whatever you want it to be until you get audited. My opinion, based on your description, is that you are still a NM resident. The intent of an undergrad (you don't say what year you're in) to stay in NY is fairly limited. 

JulieS
Expert Alumni

Am I a resident if I’m a student supporting myself?

Yes, you are a New York resident for tax purposes even though a few factors support a New Mexico residence.

 

Every state has its own rules regarding state residency. New York considers both residence and domicile. 

 

Your domicile is your permanent and primary residence that you intend to return to and/or remain in after being away. Since you intend to remain in New York after you are done with college, your domicile is New York. 

 

You are a New York State resident for tax purposes if your domicile is New York State OR:

 

  • You maintain a permanent place of abode in New York State for substantially all of the taxable year; and
  • You spend 184 days or more in New York State during the taxable year. Any part of a day is a day for this purpose, and you don't need to be present at the permanent place of abode for the day to count as a day in New York.

Based on this, you should file your New York tax return as a resident. Follow this link to read more about New York state residency. 

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