Your refund differences may be related to the NYC living quarters question.
On the screen “Your City Residency Information,” you should be a New York City nonresident and your wife will be a New York City resident. TurboTax may be defaulting to making you both residents if your wife is the primary taxpayer. Make sure you are listed as a NYC nonresident.
Be aware New York and New York City are very aggressive about residency.
The state and city have a rule stating that if you spend more 184 days or more in New York state or City, and maintain a permanent place of abode, you can be a statutory resident.
A permanent place of abode is a building or structure where a person can live that you permanently maintain and is suitable for year-round use. It does not matter whether you own it or not.
As you have access to your wife’s home, and can presumably stay there whenever you want, this may create statutory residency meaning you could potentially owe NYC tax.
“Thus, the sheer ability to access and use a dwelling is not enough to establish a residential interest if the taxpayer does not actually do so. It, however, remains possible that a residential interest might be established by virtue of the ability to use a dwelling that is primarily utilized by a family member. Under the guidelines, determination of whether an individual’s use of a residence rises to the requisite level is based—in part—on the size of the dwelling, whether the individual’s personal items are kept there, and the extent of the individual’s use,” wrote lawyers Jennifer S. White, Esq., and Jason Feingertz, Esq., CPA in “Statutory Residency in New York: What Qualifies as a Permanent Place of Abode?”
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