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Gzmt
Level 2

NYC tax liability for income earned while staying in an NYC apartment for less than 184 days in a year?

I file a joint return with my wife. I work in NYC but our primary residence is in Westchester County (but outside of Yonkers). Would renting an apartment in NYC for only two months result in a NYC tax liability for any income I (or my wife) earned during that period, given this would be well under the 184 day NYC residency test?

 

If so, which form should be used to file these? Would the NYC tax liability only apply to income earned in NYC? Would the NYC taxes be calculated based on % of total annual income for which the apartment was rented (i.e. annual income x  60/365) or only applied to income earned during the days in which the apartment was rented or be based on something else?

3 Replies
AmyC
Employee Tax Expert

NYC tax liability for income earned while staying in an NYC apartment for less than 184 days in a year?

Your home was Westchester. You were renting two months as a part-resident of NYC. According to NY, New York City or Yonkers residents    

 

NYC has a tax table, computed on your NYC income. See IT-201-I (Instructions) page 61.

 

 

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Gzmt
Level 2

NYC tax liability for income earned while staying in an NYC apartment for less than 184 days in a year?

Thank you. Should the taxable income that we plug into the tax computation table be our joint income, even if only one person worked in NYC? Should it only be the taxable income earned during the specific dates of our stay in NYC? Is there any other form that would need to be filed along with the IT-201?

KrisD15
Expert Alumni

NYC tax liability for income earned while staying in an NYC apartment for less than 184 days in a year?

Allocate the income earned while living or working in NYC. 

If your wife stayed with you in NYC, her income during that time would be included. 

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