turbotax icon
cancel
Showing results for 
Search instead for 
Did you mean: 
Announcements
Close icon
Do you have a TurboTax Online account?

We'll help you get started or pick up where you left off.

ingkinney
New Member

If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

Moving from no income tax state to income tax state
x
Do you have an Intuit account?

Do you have an Intuit account?

You'll need to sign in or create an account to connect with an expert.

3 Replies

If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

Probably not.

 

You've moved to NY and are now NY residents......for the foreseeable future...or at least well into 2024?

You indicate in the personal info section that each of you were NY residents at the end of 2023, and you each moved from TX during the year.

 

Fill out the FULL Federal tax return...and when every scrap of that is complete, you'll then start on the NY Part-Year Resident tax return.  During that NY Q&A session, you will be able to "Allocate" what sub-part of your yearly income you received after your move to NY.....it's at that point the NY tax will be reduced to just the approx.% you received after moving to NY.

 

Good Luck

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
TomD8
Level 15

If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

The 6-month rule doesn't apply when you move your domicile (your main, primary home) to a new state.  You become a resident of the new state for tax purposes on the day you begin living there with the intent of making it your new main home.

 

For 2023, you and your husband must file a part-year resident tax return for the State of New York.  ALL your income from the date you began living in NY is taxable by NY.  As soon as you became domiciled in New York, you became New York taxpayers.

 

As @SteamTrain said, in the My Info section of TT, enter New York as your State of Residence, and indicate that you also lived in Texas.  This will prompt the program to generate a part-year resident NY tax return.

 

The 6-month rule comes into play when the taxpayer is domiciled in one state and spends over 6 months in another.  For example, a taxpayer who lives in New Jersey but who also maintains an apartment in New York, and lives more than 6 months in NY.  Such a person would be taxed as a resident by NY, as well as by his domiciliary state of NJ.

 

 

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

If I moved from Texas to NY in August, but my husband moved at the end of June can we both file as TX residents because I was there over 6 months?

See also:

 

If I moved to NYC on June 21, 2023 from Texas and my wife moved on August 1, 2023 to NYC. Do I take ...

____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*
message box icon

Get more help

Ask questions and learn more about your taxes and finances.

Post your Question