New York IT-203 Item H

[Ciao4]

I got married in 2025. 

For 2025 I am a part year resident of New York with my wages coming from New York.

My wife is a New York State Resident and her wages from New York.

According to the I-203 instructions, we are REQUIRED to file a separate NEW York Tax returns.

The resident (my wife) files Form IT-201 and I (part year resident) file Form IT-203.

So, Item A, I selected Married Filing Separate.

Item H asks, Did You OR your spouse  maintain living quarters in New York state in 2025?

Do I answer "No", since we are filing Married SEPARATE?

In Item G, I entered the date I moved into or out of NYS, 1/1/2025 and checked on the last day of the tax year lived in NYS.

[DavidD66]

You should answer Yes to the question about maintaining living quarters in New York.  If you enter 01/01/2025 and check the box that you lived in NYS on last day of the year, you are indicating that you were a full year resident.  Instead of 01/01/2025 you should enter the date you became  New York State resident (i.e. the date you moved into the state).  

And the instructions say you have to file separately, but that's only if you don't want to report your non-NYS income for the time you were a non-resident.  If you claim 100% of you income, regardless of where earned, you can file a joint return.

[Ciao4]

My mistake, the date I entered NYS is 7/1/2025.

[DavidD66]

If that's the date you moved into the state that is the correct way to enter/answer Item G.

[Ciao4]

to DavidD66

To update my message, the date I entered NYS was 7/1/2025. I made a typo.

Does your answer change?

Also, I want to be able to claim out-of-state tax credits for the state I was previously a resident of (a non-reciprocal state). In my previous state of residency, I am also taxed on my wages from the state I worked, NY. Otherwise I am double taxed. 

So I plan to file married filed separate to previous state and get an out-of-state tax credit for the taxes I paid to New York for the period I was a non-resident of New York.

I will pay New York a full year of tax on my wages, but half of my interest and dividends.

The previous state I pay half year of taxes on interest and dividends and receive an out-of-state tax credit for 6 months of wages.

Previous state  is Pennsylvania.

I will file married filing separate for PA and list date of resident 1/1/2025 to 6/30/2025.

[Ciao4]

DavidD66

Having the date in G as 7/1/2025, change the answer to Item H of IT-203?

I assume I only fill in Schedule B of IT-203-B?

My wife owns a home but I did not live there until July.

Do I put an X in the box - IF NYS living quarters were maintained for you or by you for the entire tax year?

I add the street address A & B but do I mark an X in Box E (If living quarters are still maintained for you or by you)?

I am confused because I am filing a Married Filing Separate return and my wife owns the home.

Just want to confirm I am doing filling the form in correctly.

The number of days in New York - 183? Correct?

[DavidD66]

If you filling out the forms manually, or entering in Forms mode using TurboTax Desktop, you will have to complete Schedule A and Schedule B of Form IT-203-B.  As it says at the top of the form "Complete all parts that apply to you; see instructions (Form IT-203-I).  If you using TurboTax Onine or TurboTax Desktop in Step-by-Step mode, your answers to the programs questions will populate the forms. 

Based on the limited information you have provided, I wouldn't check the box indicating that the living quarters were maintained for you or by you for the entire year, but only you know the answer that.  If you're living in the home now, then check the box for "...still maintained for or by you.".  

I believe the number of days is 184.  Add the total days in each month:  31+31+30+31+30+31 = 184

[Ciao4]

DavidD66

Is there anymore information you need or would like to answer the questions completely?

Thanks

[DavidD66]

Which of your questions have not been answered completely?