My wife and I live in NY state for about 5 months annually (first year). We are registered to vote in NY, and our automobiles are registered in NY. (we own a home in NY)
We live in CO the remainder of the year. My wife works for a CO company, I'm retired and we rent in CO.
How do we handle this for state tax??
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You file a NY resident return and a CO non-resident return. You will pay CO tax on the income your wife earns while working in CO, even if she works from home.
All your income is reported on your NY return, even the income earned in CO. NY will give you a credit, or partial credit, for the tax paid to CO.
You will need to file two part-year resident state income tax returns in 2020. See the filing requirements below for each state.
To ensure your return is calculated correctly, you will need to confirm a few items:
In the My Info section of TurboTax, confirm that you have entered the correct state information:
Please note the following as it will affect the calculations:
When you are preparing more than one state return, make sure you prepare the part-year resident New York state income tax returns first. Be sure to answer the questions correctly to ensure only income sourced to that state specifically is reported.
You will do the same for the Colorado return. Make sure you only report the income earned while you resided in Colorado. If you have any income that is taxed by both New York and Colorado, you may be entitled to a credit for taxes paid in another state on your Colorado return.
My answer assumes this arrangement will continue; you live part of the year in NY and part in CO.
Filing part-year returns is incorrect since you did not move and abandon your residency.
One state (NY or CO) will be your resident state. The other will be your non-resident state. As you have a permanent home in NY and rent in CO, @Hal_Al is correct. File a resident NY return and a nonresident CO return.
Thank you all for your input, very much appreciated!
I just read this statement on NY state income tax definitions:
You are a New York State resident for income tax purposes if:
In that I don't live in NY for 184 days, or more, it seems to me that I can claim part year residency in NY
You are a NY resident because your "domicile" is in NY. You don't meet any of the exceptions.
Exception: If your domicile is New York but you meet all three of the conditions in either Group A or Group B, you are not a New York State resident.
number of days in the nonresident portion x 90 = maximum number of days allowed in New York State
548
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