Which state does my son file a tax??

[Dannyapp]

My son just graduated his college in IL and got his job in Chicago. He is originally from NY and he still holds his NY driver's license and he is not willing to change his driver's license to IL driver's license. What state does he have to file a tax return, IL or NY? He is also trying to come back to NY office in 3 years.

[xmasbaby0]

If your son is living and working in IL he will need to file an IL tax return.   If he moved to IL sometime during the tax year, he will be filing a part-year IL return.   His NY drivers license does not make him exempt from paying tax in IL.  It will, however, prevent him from being able to e-file an IL tax return.  IL is pretty picky about who can e-file--you cannot e-file an IL tax return unless you have an IL state ID or drivers license.   So if he does not have an IL license by tax-filing time he will have to file his IL return by mail.

If your son lived in NY and earned income in NY during the tax year he will also need to prepare a part-year NY tax return.

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-retur...

Further----your son should become familiar with IL state law regarding moving into IL and obtaining an IL drivers license.  He has 90 days.

https://www.ilsos.gov/services/newresidentshowdoi.html

[NCperson · Accepted solution]

@Dannyapp  generally, you primarily pay income tax to the state WHERE YOU PHYSICALLY WORK. 

If you live in another state, you also have to report your income and pay tax to that state, but they will provide a credit for the tax paid to the state in which you worked, so that the same dollar is not taxed in  two states. 

So since your son is physically working in IL, then he pays income tax to that state. It is that simple.

[rjs]

Having a New York driver's license does not make your son a New York resident if he is living in Illinois.

Your son's New York driver's license is valid for 90 days after he moves to Illinois. After 90 days if he does not have an Illinois license he is driving without a license. "Trying to come back" to New York in 3 years does not excuse him from getting an Illinois license while he is living in Illinois.