I was living in GA until July 31st. My wife and children will remain in GA for now but I now live and work in NYC. Need help figuring out W2s and payroll deductions.

[homestar13]

I am not sure if I am supposed to file married in both states, if I'll file 2 returns, or if I need to pay NYC taxes at all since I will have been here less than 183 days. Please help!

[Opus 17]

Did your domicile change, or is this temporary?

"Domicile" is the tax concept for your personal home -- it is where you have family ties, doctors, church, social ties, your home, voting registration, and other things.  You can be domiciled in one place even though you might live in another place.

If your job in NYC is temporary and you are still domiciled in GA, the answer goes one way, but if you are now domiciled in NYC (even though your wife and children may still be domiciled in GA) then the answer will be different.

[homestar13]

I still own our home in Atlanta, but am domiciled in NYC as of August 1. We will sell our house next year and the whole family will move here then.

[Opus 17 · Accepted solution]

In that case you are an NYC resident.  On your tax return you will be a part-year resident, but since your withholding will  be part-year anyway, just say you are a NY and NYC resident on the IT-2104.

Your tax return will be tricky.  If you file joint state returns, your wife will pay NY state tax on her income (and maybe NYC taxes too, I don't live in the city so I'm not sure how it works.)

So for 2017 you will probably want to file your state returns separately.  NY allows you to file a joint federal return and separate state returns only when you are living in different states -- which you are.  I have not checked GA but most states are similar.

So, you could file married filing separately for federal and state.  Your wife will file federal+GA resident only, and you will file federal+GA part-year resident+NY part-year resident.  You will pay GA tax on your income earned in GA and NY and NYC tax on income earned in NYC.

Or, you can file jointly for federal and separately for the states.  This requires 3 separate tax returns.  You will want to use Turbotax installed on your own computer from a CD or download since that will be much more cost effective than paying 3 separate full filing fees online.  You would prepare a federal joint return with no states, and you can e-file that.  Then you would prepare a federal+GA married filing separately return for your wife.  Print the returns (you can't e-file).  Discard the federal return and mail the GA return.  And you would prepare a federal+NY+GA MFS return for yourself. Again print--don't e-file -- and discard the federal return and mail the two state returns.