topic If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months? in State tax filing

If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

ingkinney — Wed, 11 Feb 2026 04:42:07 GMT

Moving from no income tax state to income tax state

Re: If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

SteamTrain — Fri, 02 Feb 2024 20:20:47 GMT

Probably not.

You've moved to NY and are now NY residents......for the foreseeable future...or at least well into 2024?

You indicate in the personal info section that each of you were NY residents at the end of 2023, and you each moved from TX during the year.

Fill out the FULL Federal tax return...and when every scrap of that is complete, you'll then start on the NY Part-Year Resident tax return. During that NY Q&A session, you will be able to "Allocate" what sub-part of your yearly income you received after your move to NY.....it's at that point the NY tax will be reduced to just the approx.% you received after moving to NY.

Good Luck

Re: If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

TomD8 — Fri, 02 Feb 2024 20:34:13 GMT

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.

Re: If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

SteamTrain — Fri, 02 Feb 2024 20:24:47 GMT