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wenyzhao
Returning Member

What counts as living

I own an apartment. What counts as living there? If I don’t have a tenant does it mean I’m living there? If I have a lease somewhere else but comes back to stay a couple days a month does that count?

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3 Replies

What counts as living

Why are you asking this?   What are you trying to do?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**
wenyzhao
Returning Member

What counts as living

I own in NJ but I rent an apartment in NYC to be close to work so I’m trying to determine if I can be counted as living in both places 

What counts as living

It depends. New York has a statutory resident rule, meaning you can be a resident of New Jersey and New York at the same time.

 

You are a statutory New York State resident if:

  • you maintain a permanent place of abode in New York State for substantially all of the taxable year; and
  • you spend 184 days or more in New York State during the taxable year. Any part of a day is a day for this purpose, and you do not need to be present at the permanent place of abode for the day to count as a day in New York.

In general, a permanent place of abode is a building or structure where a person can live that you permanently maintain and is suitable for year-round use. It does not matter whether you own it or not.

 

You would also be a New York City resident, subject to NYC income tax, along with NY state income tax.

 

Frequently Asked Questions about Filing Requirements, Residency, and Telecommuting for New York Stat...

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