LenaH
Employee Tax Expert

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A temporary purpose is for a period of time, but it's not the state they attach themselves to and intend to return to. In fact, domicile does not change unless your spouse has completely abandoned their New York domicile and started a new life in South Carolina, which is not the case in this situation. 

 

Per The South Carolina Department of Revenue, you would only be considered a SC resident if  you intent to maintain the state as your permanent home, and when you are away, intent to return bac.... Since your spouse intends to move back to NY, then it is not his permanent home. Furthermore, South Carolina states that you must file as a nonresident if you have a permanent home outside of SC. Your spouses' permanent home would be New York. 

 

Lastly, you are correct. As a nonresident of South Carolina, a non-resident return of South Carolina would have to be filed. 

 

@alazay 

 

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