I am a Michigan resident and have been a resident for a long time. Because of work being temporarily remote, I thought it would be fun to try living somewhere else temporarily, with the intent of coming back to Michigan afterwards.
I got an apartment in New York City from May 2021-May 2022. So for 2021, I spent approximately 7 months in the state, which is over 183 days.
Reading the New York tax rules, it seems like I am a non-resident for 2021 because I did not "maintain a permanent place of abode in New York State for substantially all of the taxable year". And my domicile was not New York. It was my home in Michigan where I plan to return after my temporary time in NYC.
Am I understanding the New York tax rules correctly?
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No, You are a part-year resident of New York and a part-year resident of Michigan for 2021. Per New York State, you are a New York State part-year resident if you meet the definition of resident or nonresident for only part of the year.
For part of the year (May 2021-December 2021), you were a resident. You are a New York State resident for income tax purposes if:
You are correct that you do not meet those criteria for the full year of 2021, but for part of the year, you do.
If you were a resident for only a portion of the year, your income subject to tax will be split, with part taxed according to resident rules and the remainder subject to nonresident rules. To compute tax, you first calculate your tax as if you were a full-year resident, then determine how much to allocate to New York by an income percentage based on your New York source income and your federal income.
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