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Level 3
posted Apr 2, 2024 2:07:16 PM

NY - Full-year or part-year resident?

Moved to NY in February of 2023. TurboTax is defaulting my residency status to "Part-Year Resident (Form IT-203)". However, the instructions for form IT-203 state the following:

 

"You are a New York State resident for income tax purposes if:

 

You maintain a permanent place of abode in New York State for substantially all of the tax year and spend 184 days or more in New York State during the tax year*; whether or not you were domiciled in New York State (unless you were in active service in the military)."

 

Since I lived in NY for more than 184 days, should I be completing the Full-Year Resident Form IT-201?

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1 Best answer
Expert Alumni
Apr 2, 2024 2:15:06 PM

No, if you were not a resident for the full year, then you would not file a Full Year Resident return.  The law says you are a resident if those criteria are met, however, it does not mean that you are a resident for the time you were not a resident.  You would also need to file a part year tax return for the state you left for the time before you moved to NY.

 

To be a full year resident, you would be in the state as a resident for 365 days.  

1 Replies
Expert Alumni
Apr 2, 2024 2:15:06 PM

No, if you were not a resident for the full year, then you would not file a Full Year Resident return.  The law says you are a resident if those criteria are met, however, it does not mean that you are a resident for the time you were not a resident.  You would also need to file a part year tax return for the state you left for the time before you moved to NY.

 

To be a full year resident, you would be in the state as a resident for 365 days.