Dual state residency?

[rsclflat]

I have a permanent domicile (technically my parents house), drivers licence, bank account in NY. I was physically there for maybe a month total in 2019. I held a seasonal job (started as 6 month appointment in April, promoted in August to 9 month appointment with possibility for yearly renewal) in VA, and was physically there working for most of the year. I have not established a solid domicile (I rent or live with family) in VA and do not believe I intend to, as I move quite often for work. At this point in my research I believe I may qualify for dual residency, as I retained (at least for 2019) intent to return to NY which should give me a domicile resident status, and statutory/actual resident status in VA as I was there for over 183 days. If I'm right (please tell me if I'm not though and need to do resident/non resident instead) how do I accomplish this in turbotax? And how do I deal with the taxes paid to other states credits? 

[BillM223]

Because of the 183 day requirement, Virginia appears to do things a little differently from other states.

Generally, in most states, residency is based on your domicile. Your domicile - the place that is your permanent home and where you plan to return - is New York.

However, the definition of a "resident" in the VA state code for tax states

" "Resident" applies only to natural persons and includes, for the purpose of determining liability for the taxes imposed by this chapter upon the income of any taxable year every person domiciled in Virginia at any time during the taxable year and every other person who, for an aggregate of more than 183 days of the taxable year, maintained his place of abode within Virginia, whether domiciled in Virginia or not. "

Thus, you can be a resident for tax purposes, even though your domicile is elsewhere (see last line).

Therefore, your tax residency status as seen here for Virginia is Virginia. You will file two resident returns, one for Virginia and one for New York.

Normally, if you live in one state and work in another as a nonresident, you do the nonresident return first to calculate the tax, then do the resident return where (usually, but not always), the state tax from the nonresident state is a credit to the tax in the resident state.

However, you will be a resident in two states. So when you do Virginia and calculate the tax, then go to New York and do that return, the Virginia tax should appear on the New York return. However, I don't know if the New York tax will appear on the Virginia return automatically.

I encourage you to go back and forth between the two states until you have each other's taxes reported in both states.

Sorry for the manual work, but this is an unusual situation. You were smart to spot it.

[rsclflat]

Thank you for your confirmation that I'm on the right track! I'm trying to put it in as you said but it keeps trying to say nonresident return for VA or asking me what day I moved into and out if VA to do a part year resident type return. Is there a special way I have to input it so it gets the message that I want dual full year residencies? Is it not possible to file two resident states in turbotax free edition, will I have to pay to file? 

Also I have a question about NY Residence credit. It states "Taxpayers with dual residency status – If you are a resident of
New York State for personal income tax purposes and also deemed a
resident of another state for income tax purposes under its law, no credit
is allowed if the other jurisdiction allows a credit against its tax for the
total resident tax paid to New York."

Virginia does offer a simular credit, but since all of my income was from Virginia I didn't claim this credit against taxes paid to NY($0). Does its mere existence disqualify me from getting this credit from NY, or does "allows" imply that only if I had gotten credit from it I would disqualify. 

[rsclflat]

Turbotax keeps trying to fill out part year or nonresident forms for VA. Please help me, can I get it to file as a resident in both states at all? Its not getting the message.