Hi,
I'm looking to see if we qualify as a 'non resident' based on NY State regulations and i wondered if anyone had a view on the above term with regard to our situation. I am using a family address in NY state as our 'domicile' but i wondered if it might NOT be classified as our 'permanent place of abode' for tax purposes.
The property is not in our name and is owned by a family member. We do not contribute anything to maintain the place and currently we live overseas. Last year visited for under 30 days.
Any advice would be much appreciated.
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Based on your information provided, you are NOT a resident of New York State. You do not maintain a permanent abode in NY; it appears that you use this residence as simply a U.S. based mailing address:
As a nonresident, you only pay tax on New York source income, which includes earnings from work performed in New York State, and income from real property located in the state. If you are a nonresident, you are not liable for New York City personal income tax but may be subject to Yonkers nonresident earning tax if your income is sourced to the city of Yonkers.
Per New York State residency requirements:
Generally, you are considered a New York State resident for income tax purposes if you are domiciled in the state. For most people this is straightforward: the primary residence where you live is both your state of domicile and the state in which you are a resident for tax purposes. However, you can still be considered a resident of New York State for income tax purposes even if you are not domiciled in the state. See Can I be a resident of New York State if my domicile is elsewhere?
You may be subject to tax as a resident even if your domicile is not New York.
You are a New York State resident if your domicile is New York State OR:
New York State - Department of Taxation and Finance: Frequently Asked Questions about Filing Requirements, Residency, and Telecommuting for New York Stat...
New York State - Department of Taxation and Finance: Income tax definitions
Note: Resident definition and Group A or Group B requirements.
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