NY tax residence - 11 months rule
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New Member

NY tax residence - 11 months rule

Hello, I was physically working in NYC from January 29 up until December 24, during which I paid NY income taxes. After some research, it looks like a person is a resident for income tax purposes if they maintain a permanent place of abode in New York State for more than 11 months of the year. The above dates do not sum up to more than 11 months. Would I not be counted as a NY resident for taxes and get a refund? Thanks for advice.

3 Replies
Level 15

NY tax residence - 11 months rule

Never heard of an 11 month rule ... just the 184 day rule ...  either way ( resident or non resident) NY will get their due ... you pay taxes in NY if you work in NY no matter where you call home ...

http://ccbjournal.com/articles/29546/new-york-state-and-city-residency-rules-create-tax-traps-unwary

New Member

NY tax residence - 11 months rule

Level 15

NY tax residence - 11 months rule

Well the taxes are the same if you have to file as a resident or non resident or part year resident ... NY will still get their pound of flesh.
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