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maddyjez
Returning Member

Do I need to file in 2 states if I was an out-of-state student for 1/2 the year?

TLDR; I lived in NY this entire year, but maintained permanent MA residency until the end of May. Do I need to file a tax return for MA and NY, even though I only earned income in NY? My dad wants to claim me as a dependent for 1/2 the year as well.

 

Full Details: From Jan-May of this year, I attended college in NY. I rented a room in a house in NY, but maintained my permanent address in MA with my parents. I had a MA driver's license, a MA car registration, MA public health insurance, and all of my banking information was tied to MA. I did not earn any income in MA or NY during this time. I graduated from college in May and my dad wants to claim me as a dependent for Jan-May, since he paid my college tuition and fees, as well as my rent (which he paid until August).

 

In June, I officially moved into an apartment in NY with my boyfriend and began paying my own rent. I got a NY driver's license, a NY car registration, and tied all of my banking information to this new permanent address in NY. I began working at the end of August as a teacher in NY, so my only income for the year was in NY. At this time in August, I also switched over from my parents' MA public health insurance to an employer-sponsored health insurance plan through my school district. 

 

My question is, do I need to file a state return for both MA and NY, even though I did not earn any income in MA? Also, if my dad wants to claim me as a dependent, is the MA return required in order to prove that I "lived" with him for 1/2 the year?

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1 Reply
DMarkM1
Expert Alumni

Do I need to file in 2 states if I was an out-of-state student for 1/2 the year?

No. You will not need to file in MA and maybe your dad can claim you as a dependent on his return assuming you were a full-time student Jan-May.  For you to be a dependent on your dad's return you need to pass the following tests to be a qualifying child.  Here is a link to IRS Publication 501 for more detailed information.  (See table 5 and Qualifying Child)

 

  • The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, or stepsister, or a descendant of any of them.  YES
  • The child must be (a) under age 19 at the end of the year and younger than you (or your spouse if filing jointly); (b) under age 24 at the end of the year, a student, and younger than you (or your spouse if filing jointly); or (c) any age if permanently and totally disabled.  Assuming Yes.  Definition of student is:  full-time according to your school program for any part of 5 months in the tax year.  
  • The child must have lived with you for more than half of the year. Maybe (time away for school or on vacation counts as time living with parents) 
  • The child must not have provided more than half of the child’s own support for the year. Probably. At least into August parent's only support. 
  • The child must not be filing a joint return for the year (unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid). Yes

 

Assuming all the tests are passed.  In the "My Info" section on your return, you would indicate that "you could be claimed as a dependent on someone's return."  You would select that your resident state on 31 Dec was NY.  Select "Yes" you lived in another state and indicate the date moved to NY (maybe when you got the NY job).  

 

This will generate part-year returns for NY and MA.  In the NY return you will allocate all income/deductions to NY.  There will not be any income allocated on the MA return so you will not need to file that one.   

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