capital gain tax and moving out of new york

[ken-w]

I plan to sell stocks with substantial capital gain in 2021 and have been living in New York for many years. 

I also plan to move out of New York and have done research on state income tax I would owe on the capital gain.  My research on capital gain tax for 2021 (due in 2022) for New York is inconclusive.

Assuming  I can sell stocks after I changed my permanent resident to one outside of new york, can I avoid paying New York State capital gain tax?  The same question if I move out before living X number of days in NY for 2021?

If I cannot avoid capital gain, does it matter whether I sell stocks before or after moving out of New York?

If I cannot avoid the capital gain, do I end up paying proportional tax (for example 100 days / 365 days fraction)?

Can anyone also recommend a tax advisor, cpa or attorney, website where I can get better information for New York taxes?  I live in queens, ny.

Thank you

[TomD8]

Capital gains are taxable by your domiciliary state as of the date the gain is realized.  A gain from sale of stock is realized as of the trade date (not the settlement date).

A taxpayer can have only one state of domicile.  Your New York domicile does not change until you can demonstrate that you have abandoned your New York domicile and established a new domicile outside New York State.   

https://www.tax.ny.gov/pit/file/pit_definitions.htm

[MarilynG1]

You are correct that the State amount of Capital Gains depends on your State Residency Status.

If you live part of the year in New York, you will pay a proportionate share of tax there when you file a Part-Year Resident return, allocating with the state you reside in when you file your taxes. 

Click this link for more info on Capital Gains in New York.

This link gives details about Filing in Multiple States

[TomD8]

From page 48, https://www.tax.ny.gov/pdf/current_forms/it/it203i.pdf :

If you moved out of New York State, you must accrue any item of income, gain, loss, or deduction that, under an accrual method of accounting, would be reportable at the time you changed your residence.

Since an unrealized capital gain would not be reportable at the time a taxpayer moved out of NY, I do not believe it would be allocable to NY on a part-year resident return.