ColeenD3
Expert Alumni

State tax filing

No, you are a resident of VA, give the facts. If you have no income from NY and stay with your family for less than 183 days, you should be okay. This FAQ bulletin from NY state spells it out very clearly.

 

Generally, you are considered a New York State resident for income tax purposes if you are domiciled in the state. For most people this is straightforward: the primary residence where you live is both your state of domicile and the state in which you are a resident for tax purposes. However, you can still be considered a resident of New York State for income tax purposes even if you are not domiciled in the state. (See below, “Can I be a resident of New York State if my domicile is elsewhere?”)

 

NY Resident