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Where is my residency? Moved from abroad to NY on SO's temporary orders (til 2021). Last residency was in Virginia. I opened an online business only selling to VA clients
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Are you a military member? What are "SO's" orders? Reply to this post for help with your question.
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We aren't military. He's a diplomat from Brazil and posted to NY until summer of 2021 unless we extend.
We have something like the equivalent of a common law marriage in Brazil.
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NY law says that you were a resident due to your time in NY. You need to file NY resident return. VA qualifies you as a non-resident.
Your resident state taxes all income but gives a credit for income taxed by another state. Please carefully follow these directions.
You will need to prepare both NY and VA in a special order. You may need to delete both states and begin again.
- First, prepare your non-resident VA return. This creates your tax liability for the non-resident state. See How do I file a nonresident state return?
- THEN prepare your resident state NY return and it will generate a credit for your income already being taxed in the non-resident state.
- The credit will be the lower of the state tax liabilities on the same income. You may owe your resident state.
It isn't possible for the program to create a credit before it knows the liability. Your returns may be wrong if you do not prepare the states in this order.
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Virginia actually qualifies me as a resident as well because my permanent address is there, my drivers license is there, my voting registration is there and I intend to return there if we are ever in the US without my SOs orders.
Would the process still be the same?