topic I moved out of NY on the Jan 1 2018 to PA, how do I allocate NY W-2 form? Should I allocate all NY w-2 income to PA, and make NY income 0 on the NY return? in State tax filing

I moved out of NY on the Jan 1 2018 to PA, how do I allocate NY W-2 form? Should I allocate all NY w-2 income to PA, and make NY income 0 on the NY return?

sharonliang3 — Tue, 04 Jun 2019 21:28:27 GMT

Did you continue to work in NY after your move to PA?

TomD8 — Tue, 04 Jun 2019 21:28:28 GMT

Did you continue to work in NY after your move to PA?

No I did not. 100% in PA

sharonliang3 — Tue, 04 Jun 2019 21:28:30 GMT

No I did not. 100% in PA

Were NY taxes withheld on your W-2?

TomD8 — Tue, 04 Jun 2019 21:28:31 GMT

Were NY taxes withheld on your W-2?

Yes, both NY tax and Federal

sharonliang3 — Tue, 04 Jun 2019 21:28:32 GMT

Yes, both NY tax and Federal

If you became a PA resident on January 1st, and you neith...

TomD8 — Tue, 04 Jun 2019 21:28:34 GMT

If you became a PA resident on January 1st, and you neither lived in nor worked in NY in 2018, you should file a non-resident NY return, showing zero NY income, in order to have the withheld NY taxes refunded. ALL your income would be taxable by PA. You would file in PA as a full-year resident.

https://ttlc.intuit.com/questions/1901271-how-do-i-file-a-nonresident-state-return

Thank you. I had house in NY for 9 month before I sold i...

sharonliang3 — Tue, 04 Jun 2019 21:28:35 GMT

Thank you. I had house in NY for 9 month before I sold it. Does that change anything?

NY defines you as a resident for tax purposes if your dom...

TomD8 — Tue, 04 Jun 2019 21:28:37 GMT

NY defines you as a resident for tax purposes if your domicile (your main, permanent home) is outside NY, but you maintain a permanent place of abode in NY for more than 11 months of the year and spend 184 days or more in NY during the tax year. https://www.tax.ny.gov/pit/file/pit_definitions.htm#ppa

From your description of your circumstances, your 2018 domicile was in PA. You did have a "permanent place of abode" in NY because your unsold NY house meets that definition. But you did not maintain it for more than 11 months. Therefore you were not an NY resident in 2018 and my previous instruction remains valid.