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ag-giammarino
New Member

I opened a new business location in another state, do I have to submit taxes to that state?

My wife has been running a business in NJ teaching Parkinson patients how to get symptom relief through boxing (non contact).  She opened a location in Staten Island, NY this year.  Do we need to submit to NY state?  We live in New Jersen 

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Accepted Solutions
JulieH1
New Member

I opened a new business location in another state, do I have to submit taxes to that state?

It depends.

She would need to file a Non-resident IF she made more NY  income than she is allowed on the chart below for her filing status.

If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction
     
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
     
  • You want to claim any of the refundable or carryover credits available. 
     
  • You had a net operating loss for New York State personal income tax purposes for the tax year, without having a similar net operating loss for federal income tax purposes.

You may have additional filing responsibilities if you have Yonkers income, or are subject to the MCTMT.

2017 standard deductions
Filing status    Standard deduction amount (1)Single (and can be claimed as a dependent on another taxpayer's federal return)$3,100
(1)Single (and cannot be claimed as a dependent on another taxpayer's federal return)$8,000
(2)Married filing joint return$16,050
(3)Married filing separate return$8,000
(4)Head of household (with qualifying person)$11,200
5) Qualifying widow(er)

If your business is incorporated in New York State or does business or participates in certain other activities in New York State, you may have to file an annual New York State corporation tax return to pay a franchise tax under the New York State Tax Law.

https://www.tax.ny.gov/bus/ct/ctidx.htm

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3 Replies
JulieH1
New Member

I opened a new business location in another state, do I have to submit taxes to that state?

It depends.

She would need to file a Non-resident IF she made more NY  income than she is allowed on the chart below for her filing status.

If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction
     
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.
     
  • You want to claim any of the refundable or carryover credits available. 
     
  • You had a net operating loss for New York State personal income tax purposes for the tax year, without having a similar net operating loss for federal income tax purposes.

You may have additional filing responsibilities if you have Yonkers income, or are subject to the MCTMT.

2017 standard deductions
Filing status    Standard deduction amount (1)Single (and can be claimed as a dependent on another taxpayer's federal return)$3,100
(1)Single (and cannot be claimed as a dependent on another taxpayer's federal return)$8,000
(2)Married filing joint return$16,050
(3)Married filing separate return$8,000
(4)Head of household (with qualifying person)$11,200
5) Qualifying widow(er)

If your business is incorporated in New York State or does business or participates in certain other activities in New York State, you may have to file an annual New York State corporation tax return to pay a franchise tax under the New York State Tax Law.

https://www.tax.ny.gov/bus/ct/ctidx.htm

ag-giammarino
New Member

I opened a new business location in another state, do I have to submit taxes to that state?

Thank you very much for the thorough and timely answer - greatly appreciated!
JulieH1
New Member

I opened a new business location in another state, do I have to submit taxes to that state?

You are welcome
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