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Foreign tax filer

I lived in NY for one month then moved out of the US. Do I still need to file State taxes ?

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1 Best answer

Accepted Solutions
Vanessa A
Expert Alumni

Foreign tax filer

Correct.  If you established permanent residency in France and did not have any income while a NY resident, then you would not need to file a state return. 

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5 Replies
Vanessa A
Expert Alumni

Foreign tax filer

Yes, you would need to file a return for the time you lived in NY if you received any income during that time.  However, if you are not a US Citizen and were only here for one month, you will need to use Sprintax.com to file your return as you would have to file a 1040NR for your federal which TurboTax does not support and NY state requires a federal return submitted to submit your state return. 

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Foreign tax filer

I am a US citizen but I did not make any income in NY during January or early February. Does this still apply?

ErnieS0
Expert Alumni

Foreign tax filer

It depends. New York follows the “leaving and landing” rule. You remain a New York resident even if you moved out of state unless you established a permanent home in your new country.

 

Additionally, you may have to file a NY return if you received income from NY sources after moving.

 

If you abandoned your NY residency and established a permanent domicile elsewhere — then you would not have to file a part-year NY return if (1) you did not earn any NY income during your two months of NY residency or (2) any NY-source income after you moved.

 

If you remain a NY resident, you may still have to file a resident return if you received New York source income after you moved. 

 

If you had no NY income while living in NY, but had NY-source income after moving, you may have to file a NY non-resident return.

 

Learn more at Do I need to file an income tax return?

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Foreign tax filer

I did not make any income in the US during 2022 at all. I left early February and my permanent address has been in France since then. I made income in France which I already declared in my 1040. 

 

So in this case, I don't need to file any state tax correct ? 

Vanessa A
Expert Alumni

Foreign tax filer

Correct.  If you established permanent residency in France and did not have any income while a NY resident, then you would not need to file a state return. 

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"

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