DanielV01
Expert Alumni

Investors & landlords

@Nev4tax   File as a part-year resident for New York and New York City.  This accomplishes what you are looking to achieve:  only claiming the income you earned while a New York resident to New York.  The statutory resident rule comes into play when an individual "maintains an abode" (New York's wording) for the entire year, and in addition maintains a physical presence in New York/NewYork City for more than 1/2 of the year (184 days or more).  Your situation tends to describe a "clean break"  that would only have you liable for New York State/City tax during the portion of the year you were living in New York.  The part-year resident return will ask you when you left New York, and probably the state you moved to.

 

I never comment personally on the likelihood of an audit because tax departments can audit for any reason and at any time.  Your situation would seem to be less likely to be audit-worthy, but if the state/city were to question your claim, any proof you have to support that you moved and are now working at a Florida location will back up your claims.  

 

And when you file your tax return, it will reveal whether you paid in sufficient tax or not for the portion of the year you were a resident.  If you overpaid, you are due a refund, which New York may have a way to donate to the charity of your choice if you are not interested in receiving it personally.  Claiming a refund in itself does not make you more likely for an audit.  Filing an inaccurate tax return makes you more likely to be audited.

 

(I think you meant to post your question on a different thread more related to your question, but we're happy to answer your question regardless)

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