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Do I file under California if I moved to NY in august for grad school, have an apartment, but still have not become a full resident of NY as of 06/2021?

I do not have a car to register in NY, my license is still CA, and I plan on moving back to CA by 08/2022 but I've been living in NY since 08/2020.
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3 Replies
pk
Level 15
Level 15

Do I file under California if I moved to NY in august for grad school, have an apartment, but still have not become a full resident of NY as of 06/2021?

@panderton067  students generally are considered to be  residents of the state where their home is .   So if you earn in  NY ( where your school is ) you file as a non-resident and you file CA as resident ( and take credit for taxes paid to NY ).   This is generally true but of course individual cases  may be different based on exact  facts and circumstances.

Do I file under California if I moved to NY in august for grad school, have an apartment, but still have not become a full resident of NY as of 06/2021?

You have only one domicile at a time.  Your domicile is your permanent home.  There is no single factor that determines, but factors include where your significant income sources, friends, doctor and dentist, church and other social organizations, voter and driver registration, and so on, are located.  Part of establishing a new domicile requires taking affirmative steps to abandon your old domicile. 

 

If you plan to move back to California in the future and are maintaining California ties, then you are probably domiciled in California.  That means you must file a California resident tax return to report and pay tax on your world-wide income, no matter where you were living when the income was paid.  You will also file a New York non-resident tax return to report and pay New York tax on all income earned while living in the state of New York.  If you prepare the non-resident return first, you will get a credit on your California resident return for non-resident taxes you pay in another state, so you won't be double-taxed. 

 

It is possible to move for a short term, and have it be a real change of domicile, but this is harder to prove, and requires taking steps to abandon your original domicile as well as setting up a new domicile.  It doesn't sound like the case with you, however.

TomD8
Level 15

Do I file under California if I moved to NY in august for grad school, have an apartment, but still have not become a full resident of NY as of 06/2021?

For more details on CA's rules regarding residency for tax purposes, see this reference:

https://www.ftb.ca.gov/forms/2020/2020-1031-publication.pdf

 

Note that CA will consider you a CA resident for tax purposes until you abandon your domicile in CA and establish a new domicile in another state.  See "Change of Domicile" on page 10 of the reference.

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