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New Member
posted Jun 1, 2019 5:10:34 PM

I moved to a foreign country on a work assignment in 2018. I own a house in NY. My mother and sister live in the house. Can I file as nonresident?

I moved to a foreign country on a work assignment in 2018.  I own a house in NY.  My mother and sister live in the house and I do not charge any rent.  The house is suitable for year around occupancy.  Can I file as nonresident?

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3 Replies
Level 15
Jun 1, 2019 5:10:35 PM

Looks like you must file as a resident.  It appears that your domicile is in New York and you did not meet the Group B exception rule in 2018.  Here are New York's "resident" definitions:

https://www.tax.ny.gov/pit/file/pit_definitions.htm

New Member
Jun 1, 2019 5:10:36 PM

Sorry, I meant 2017.  I moved overseas in 2017.

Level 15
Jun 1, 2019 5:10:37 PM

Assuming your domicile is in NY, you'd have to meet the "Group B" exception in order to file as a NY non-resident.