Am I really a resident of both CA and NY?

[dan3ny]

I have lived in CA for a long time.  I went to NY to live for a year (have stayed a bit longer, but my intention was to return in a year.)  We rented out our house and had tenants in our CA house for all of 2019.  We rent an apartment in NY and work in NY.

CA says I'm a resident because (CA FTB Publication1031:(

I didn't hav an "Intent to remain in the new locality permanently or indefinitely as demonstrated by your actions."  e.g. I maintain my Driver's License, voter registration, and some medical professionals in CA.

NY says I'm a resident because (New York State Income Tax Definitions:(

"your domicile is not New York State but you maintain a permanent place of abode in New York State for more than 11 months of the year and spend 184 days or more in New York State during the tax year. Note: Any part of a day is a day for this purpose."

So it seems they both define me as a resident.  My questions:

1) Am I indeed a resident of both states?

2) If so, how do I deal with that in TT (Home & Business)?

[MaryK4 · Accepted solution]

Yes, unfortunately, you can be a "tax resident" in a few states.  You will want to file the New York state return first, then California.  For California you will apply the credit for taxes paid to another state so you need to calculate the New York tax first.