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Level 1
March 30, 2026
Question

NYS Nonresident Real Property estimated income tax payment form

  • March 30, 2026
  • 1 reply
  • 277 views

I moved to Florida in December 2024, and sold my New York (NY) primary residence in October 2025.  The home was my marital residence that I owned with my ex-spouse.   Divorced was finalized in December 2025 and filed as single since then.   The sale of my NY primary residence net proceeds was divided between my ex 50/50.   Because I sold the home in total as the principle within the meaning of IRC section 121, at the time of the sale, I did not file form IT 2663 because I understood I was not required to file the form with if a met the ownership test and lived in my primary home for 2 years out of the 5 years proceeding the sale of my primary home.    As this time, I want to confirm what forms I must report the sale of my home and exclusion.   Furthermore, I understand I will only report 50% of the  cost/sale/process of my primary home the other half belongs to my ex-spouse.    I've always used Turbotax to prepare my returns.   Thank you for your support and great software.   Hope you can provide clarify on what is required to report the exclusion sale.   

1 reply

MaryK4
Level 15
March 30, 2026

 You must report the sale on your federal return if you received a Form 1099-S or if the gain exceeds your exclusion limit ($250,000 for single filers).  Since New York follows federal rules for the Section 121 exclusion, as long as you meet the "2-out-of-5-year" test, the gain is not taxable by New York. 

 

To enter in TurboTax (if required):

  1. In the Federal Taxes >Income
  2. Scroll down to Less Common Income and click Start/Update next to Sale of Home (gain or loss).
  3. You only report 50% of the cost basis and 50% of the sale proceeds on your return. Your ex-spouse is responsible for reporting their own 50% share on their separate return.
  4. Complete all the questions to qualify for the exclusion.

Since you sold the property in 2025 while living in Florida, you should prepare the New York Nonresident Return in TurboTax. TurboTax will present a screen for New York Income Allocation.  The Federal Amount (Column A) will automatically show your 50% share of the sale (it will be $0 if fully excluded federally).  The New York State Amount (Column B) should also be $0 because the principal residence exclusion applies for NYS just as it does federally.

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