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johi119
New Member

As a student, I paid DC income taxes despite living in NYC. How would a tax return work in my case? Would I get a refund of my DC income tax and have to pay NYC taxes?

I'm a full time student in Washington DC and I ended up paying DC income taxes previously this year for about 2,600$ after taxes. Should I file a tax return? Would I end up getting my taxes back, and have to pay NYC taxes for that much earned? 

1 Best answer

Accepted Solutions
TomD8
Level 15

As a student, I paid DC income taxes despite living in NYC. How would a tax return work in my case? Would I get a refund of my DC income tax and have to pay NYC taxes?

DC law requires that you file a DC tax return if you lived in DC for 183 days or more during the tax year, even if your permanent residence (your domicile) is in another state.  https://otr.cfo.dc.gov/page/individual-income-tax-filing-faqs

If you lived in DC fewer than 183 days, file DC Form 40-B Non-Resident request for Refund to receive a refund of the withheld DC taxes.

Since your domicile is New York State, you must file a NYS resident tax return unless:

  1. You did not maintain any permanent place of abode in New York State during the tax year; and
  2. You maintained a permanent place of abode outside New York State during the entire tax year; and
  3. You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year. https://www.tax.ny.gov/pit/file/pit_definitions.htm

If you must file in both jurisdictions, you'll be able to take a credit on your NYS return for taxes paid to DC, so you won't be double-taxed.


**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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2 Replies
TomD8
Level 15

As a student, I paid DC income taxes despite living in NYC. How would a tax return work in my case? Would I get a refund of my DC income tax and have to pay NYC taxes?

DC law requires that you file a DC tax return if you lived in DC for 183 days or more during the tax year, even if your permanent residence (your domicile) is in another state.  https://otr.cfo.dc.gov/page/individual-income-tax-filing-faqs

If you lived in DC fewer than 183 days, file DC Form 40-B Non-Resident request for Refund to receive a refund of the withheld DC taxes.

Since your domicile is New York State, you must file a NYS resident tax return unless:

  1. You did not maintain any permanent place of abode in New York State during the tax year; and
  2. You maintained a permanent place of abode outside New York State during the entire tax year; and
  3. You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year. https://www.tax.ny.gov/pit/file/pit_definitions.htm

If you must file in both jurisdictions, you'll be able to take a credit on your NYS return for taxes paid to DC, so you won't be double-taxed.


**Answers are correct to the best of my ability but do not constitute tax or legal advice.
johi119
New Member

As a student, I paid DC income taxes despite living in NYC. How would a tax return work in my case? Would I get a refund of my DC income tax and have to pay NYC taxes?

Great, thank you so much for the answer!
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