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Level 2
posted Feb 5, 2023 8:20:40 AM

New York tax allocation as part year resident

I lived in NY from Jan 1 2022 and moved to NJ on March 10 2022 and lived in NJ till now, my employer is based in NY the entire year.

my question is, from Jan 1 to March 10th in NY, can i consider the time as 2 months when making the allocation of entire year income? or does it have to count for 2.5 months? so if go with 2 months the result is:

155230 (entire salary) / 12 months * 2 months = 25872

I am asking because this method gave a better result of my return, compared with the ordinal date method. 

i cannot find any specific official guidance how to consider the count of "months"

thanks a lot!

0 2 205
2 Replies
Level 2
Feb 5, 2023 8:29:53 AM

to add on above, I think i found something on form IT-203 directly that may indicate using the 2 months is fine - as the form was generated directly

Expert Alumni
Feb 6, 2023 7:22:01 AM

Yes, you should be fine filing as a part-year resident for 2 months for both NYS and NYC purposes.  The specific part-year resident guidance suggests you should allocate based on the number of days but there is also the entry for number of months.  2 Months, as rounded, should be acceptable as opposed to 2.33333.  

 

You may, however, want to consider the allocation based on the number of days of residency specifically for income allocation for Forms IT-203 and IT-360.1.  If you were also a New York City resident for the residency period and, as the forms coincide with your part-year resident filing, you would not want separate income items listed as that may be questioned by the New York State Department of Taxation.

 

Form IT-360.1 Instructions

 

@wenwang