So - there are a couple parts to this question, the first may be beyond the scope of the second (and the title of the post), but I need to ask it for context:
My mom lives in NYS, but has a condo in Florida that she stays in 3-4 months of the year (winter months).
FL doesn't require a state tax return, so she obviously doesn't file there. When she files her NYS state return though should she consider herself a full-time resident? It seems that if you choose not to do full-time residency it asks you when you moved, which doesn't exactly work out for someone who might be gone Jan/Feb and then Nov/Dec. It looks like they have been filing as full-time, and I'm not sure if there is a better way (?).
The second part as I ask in the title, is how exactly are property taxes meant to be handled, especially on the NYS return.
For example, let's say they pay the following:
Florida Condo: $8,000/year in property tax
New York Home: $12,000/year in property tax
On the 1040 Schedule A this would be listed as $20,000 in the "State and local real estate taxes."
Now I realize with the changes to SALT, you wouldn't necessarily itemize just for this since you would be limited to $10,000 anyway for these deductions, but bear with me here (as for years where SALT > $10,000 we would itemize just this to beat single standard deduction).
My problem here is with the NYS return, the Itemized (IT-196) will fill in this 20,000 under "State and local real estate taxes." This in turn goes onto the IT-201 Itemized line thus reducing taxable income by the same amount. But, I can't believe that NYS intent is to have you deduct property tax on your out-of-state property like the Federal allows.
I would think I should have to over-ride this value on the IT-196 and put only $12,000 which is the portion from my federal that is only in NYS.
I'm surprised that there isn't a question tree for this, as there are *many* New Yorkers that own non-investment properties out of state (snowbirds).
Am I correct on this, or have I got it wrong?
