BillM223
Expert Alumni

State tax filing

New York State taxes telecommuters, so if you work for a NYS company while living in Florida, you are taxed by New York UNLESS you are working in Florida at the "employer's convenience".

 

That is, if your NYS employer told you to move to FL  because he/she/it wanted you to do business in Florida, then you don't owe NYS taxes for the time you lived in Florida. But if you, like most taxpayers, moved to Florida because you wanted to, then you owe tax to NYS all year. See NYS info on non-residents.

 

NYC says "Your New York City domicile does not change until you can demonstrate with clear and convincing evidence that you have abandoned your city domicile and established a new domicile outside New York City. Even if you live in a location outside of the city for a period of time, if it’s not the place you attach yourself to and intend to return to, it’s not your domicile. Your domicile will still be New York City and you will still be considered a New York City resident."

 

So if you plan to live permanently in Florida, then you need to establish that your domicile is in Florida. How? By buying property in Florida, by changing your mailing address to Florida, by changing your voter's registration to Florida, and so on. 

 

In short, there is no one test, but a preponderance of evidence that you intended to change your domicile. You may have already done this; just be prepared to answer questions about it if it ever comes to that.

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