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Sale of Rental Property for PA State Tax Return

I was a resident of PA from Jan 1 to May 31 in 2019. I then moved to NY for the rest of the year. I had a rental property in IL that I sold at the end of August 2019--there were tenants in there until the end of May.

 

In this situation, from what I've read on the PA DOR website, I will be taxed on the rental income (which occurred Jan - May) by PA since I was a resident there. However, I will not be taxed on the gains from the sale of the property since I was not based in PA at the time of the sale (and the property is not in PA).

 

Is this the correct interpretation?

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3 Replies
KathrynG3
Expert Alumni

Sale of Rental Property for PA State Tax Return

Yes, you will not be taxed in PA on the gains from the sale of the property. Actually, only Illinois should receive tax for Illinois rental income and sale.

Pennsylvania instructions apply to income from Pennsylvania sources. See below for a further analysis. 

 

For your reference:

2019 New York Part-Year and Nonresident Instructions

 

2019 Illinois Nonresident Instructions

 

2019 Pennsylvania Part-Year and Nonresident Instructions (see page 6 regarding school district code and begin with instructions on page 43)

2019 Pennsylvania Schedule NRH Form and Instructions

 

Pennsylvania Nonresidents and Part-Year Residents:

Part-Year Residents of Pennsylvania. Part-year residents are subject to PA personal income tax on all income earned, received and realized from all sources when residents of PA. Part-year residents are also subject to PA tax on income earned, received and realized from sources within PA when they were not a PA residents. Part-year residents are not subject to PA tax on ordinary interest, dividends, gains, intangible property or gambling and lottery winnings from PA sources while a nonresident.  Some exceptions apply; see below for additional detail.

Apportioning Income (Loss) on  PA Schedule NRH
As a nonresident, you may apportion income earned within and outside PA. Apportion PA-taxable compensation when your employer does not separately report PA wages on Form W-2. You must apportion income (loss) from operating a business within and outside Pennsylvania unless you maintain books and records that clearly substantiate and separately allocate your PA-source receipts, expenses, liabilities, etc.

Sale of Rental Property for PA State Tax Return

Thank you so much for this response! Very very helpful. Just a quick follow-up question for you. My understanding was that New York will tax the sale of the rental property since it'll be a gains that was realized while living in the state of New York. Am I mistaken?

 

Thank you again so much for your help!

JosephF8
Expert Alumni

Sale of Rental Property for PA State Tax Return

Yes NY will tax you on income earned while you are a resident. They will also give you a credit for taxes paid to IL on that same income.

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