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Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

 
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8 Replies
MaryK4
Expert Alumni

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

You should file your nonresident state first.

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Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

When I go to do my nonresident state form (DC), it takes me to a screen that says “summary of taxes paid to other states.” NY is listed on this screen, but the amount says $0. 

When I hit edit, it takes me to a screen that says “be sure to finish the other state’s return before completing this section.” 

If I hit continue to the next screen anyway, it asks me to “enter the income taxed by both DC and NYC, and the taxes you paid to New York.” There’s a box for “double-taxed income” and a box for “tax paid to New York on double-taxed income.” 

I don’t know what to enter or what to do because I haven’t filled out my NY form yet, per my message above. 

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

Did you ever find the answer to this?  I'll face this issue this year.

Hal_Al
Level 15

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

Early in the first state interview you have to tell the software that you are a non-resident of that state. 

 

DC is special. It is reciprocal with all other states. So, if DC is your nonresident state, you need to explain why you're filing a DC return. 

TomD8
Level 15

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

If you moved from NY to DC or vice versa during the tax year, do the "old" state return first.

If you live in NY but work in DC, you need only do the NY return.  DC does not tax non-residents.

If you live in DC but work in NY, do the NY return first.

 

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

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

DC considers me a statutory resident because I had an abode there for over 183 days -- and I earn a paycheck from there.  I am also a NY resident -- domiciled there, with income there, and a residence there.  So I can't tell either state that I am a non-resident.  

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

I was a NYS/NYC resident and domiciliary all year and have NY income throughout the year.  My time in DC started at the end of May and I had an abode in DC for more than 183 days, so DC considers me a statutory resident (even though I will not have actually spent parts of 183 days there myself).  My DC employment income started in June. 

 

It is not a simple situation of moving from one state to another.  I never gave up my NY residence and ultimately, when my job is over in some number of years, I'll go back to being a full-time NYS/NYC resident.  

 

So NY might have been my original state, but it is not my "old" state in the sense of "former."

TomD8
Level 15

Filing dc and ny taxes - on NY form it says to file DC first, on DC form it says to file NY first. What do I do?

@nynyfiler --

 

It appears that you have a situation of dual residency.  You're a statutory resident of DC and a domiciliary resident of NY.  In this circumstance you must file as a resident in each of the two states, and each can tax all your income.  You can claim an "other state credit" on your NY return for the tax paid to DC, so you won't be double-taxed.  (DC does not allow statutory residents to claim an other-state credit.  In cases of dual residency, NY will allow a credit if the other state will not, which is your situation.)

https://www.tax.ny.gov/pit/credits/resident_credit.htm

 

 

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