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NJ resident/domicile definition

I reviewed the definition of NJ (state) resident on their website. Still confused about the definition of "domicile". If I live in NJ throughout the year but intend to go back to my home country, don't own a home in NJ, don't have an NJ driver's license, have bank accounts where my NJ address is listed, is NJ considered my "domicile"? (other context: was on student visa, but received income working at school and from internship) 

 

Also, Is it valid/possible to have no state as a domicile and file as a non-resident for state?

 

thanks. 

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1 Reply
ErnieS0
Expert Alumni

NJ resident/domicile definition

Generally, you are a New Jersey resident for the tax year if you lived in NJ for the whole year.

 

If New Jersey is your domicile, you are considered a resident for New Jersey tax purposes, unless:

  1. You did not maintain a permanent home in New Jersey;
  2. You maintained a permanent home outside New Jersey; and
  3. You did not spend more than 30 days in New Jersey.

If New Jersey is not your domicile, you are only considered a resident if you maintain a permanent home and spend more than 183 days here.

 

State residency is different from federal residency. There are no exempt periods.

 

Regardless, if you worked in NJ, you are still subject to NJ income tax whether you file a resident or nonresident income tax return.

 

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