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posted Jun 6, 2019 8:07:40 AM

Do I need to file a NY State Tax Return if I was a non-resident for all 2017, purchased a NY State Rental property, but Federal Rental Income was 0 (expenses>rent)?

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1 Best answer
Expert Alumni
Jun 6, 2019 8:07:42 AM

It depends.  The following website provides guidance on this:  https://www.tax.ny.gov/pit/file/nonresidents.htm.

On the webpage, the first point is:  You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction. (Clicking on links will bring up additional information).

From a technical standpoint, you will not be required to file if you don't have income to report to NY.  (While your rental is a loss, it is highly unlikely that it is considered a New York Net Operating Loss if your overall income is in the positive).  However, New York is aggressive in enforcing tax law, so you may choose to file a tax return to report the rental loss and keep New York from asking questions on why you didn't file a return this year.

1 Replies
Expert Alumni
Jun 6, 2019 8:07:42 AM

It depends.  The following website provides guidance on this:  https://www.tax.ny.gov/pit/file/nonresidents.htm.

On the webpage, the first point is:  You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction. (Clicking on links will bring up additional information).

From a technical standpoint, you will not be required to file if you don't have income to report to NY.  (While your rental is a loss, it is highly unlikely that it is considered a New York Net Operating Loss if your overall income is in the positive).  However, New York is aggressive in enforcing tax law, so you may choose to file a tax return to report the rental loss and keep New York from asking questions on why you didn't file a return this year.