- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
State tax filing
The 6-month rule doesn't apply when you move your domicile (your main, primary home) to a new state. You become a resident of the new state for tax purposes on the day you begin living there with the intent of making it your new main home.
For 2023, you and your husband must file a part-year resident tax return for the State of New York. ALL your income from the date you began living in NY is taxable by NY. As soon as you became domiciled in New York, you became New York taxpayers.
As @SteamTrain said, in the My Info section of TT, enter New York as your State of Residence, and indicate that you also lived in Texas. This will prompt the program to generate a part-year resident NY tax return.
The 6-month rule comes into play when the taxpayer is domiciled in one state and spends over 6 months in another. For example, a taxpayer who lives in New Jersey but who also maintains an apartment in New York, and lives more than 6 months in NY. Such a person would be taxed as a resident by NY, as well as by his domiciliary state of NJ.