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bnelesen1
New Member

Part year resident or non resident for filing state taxes?

My Daughter was living in Indiana from Jan 1 to May 12 (Student in an apartment, no earned income), moved to IL from May 13 to Jun 13(although still was paying rent in IN), got a job and then moved back to IN for remainder of the year.

 

A relocation payment was reported as IL income on a W2 since it was paid in early June while she was living in IL to cover moving expenses. The remainder of income is reported as IN.  I thought all income would be reported and IN, but it wasn’t.

Should this be filed as part year resident of each state or Resident of IN with Non-resident income in IL?

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1 Reply
AmyC
Expert Alumni

Part year resident or non resident for filing state taxes?

Understanding the residency rules and asking her questions, you will be able to determine if she was a part year resident of both states or a nonresident of IL. Not knowing your state, she could be resident or part-year resident for IN.

 

  • A student is usually considered a resident of the parents state unless they actually got a license, car insurance, etc to move there. 
  • The move to IL was does not seem like an actual move since still paying rent in IN.  
    • She was either a non-resident passing through or 
    • if she got a license and moved car insurance, registered to vote, etc then she did become a part year resident of IL.

 Here are some things states look at when determining residency from The Tax Book:

  • Registering to vote and voting in the new state.
  • Purchasing residential property.
  • Titling and registering vehicles.
  • Paying state income tax to another state
  • Notifying the state of previous legal residence/domicile of the change in state of legal residence/domicile.
  • Preparing a last will and testament which indicates the new state of legal residence/domicile
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