Hi Experts, Thanks for all your help for Federal Returns.

I moved in NY State on 26th Jan 2008, and I in NY state since then. So can you please suggest am I Resident / Non Resident / Part year resident for NY State Tax File for year 2008.

Thanks.

ebaines

You are a part-year resident of NY State for 2008.

Where did you move from? If another state, then you are also a part-year resident of that state.

Syracuse_TaxPayer

Thank You for reply Ebaines

I moved from another country (India).

Also as per Pub 88 of NY State Tax
"Generally, if your domicile is not New York State you are considered a New York State nonresident. However, you are a New York State resident for income tax purposes if your domicile is not New York State, but you maintain a permanent place of abode in
New York State for more than 11 months of the year and spend 184 days or more (any part of a day is a day for this purpose) in New York State during the tax year. If you are considered to be a resident of New York State for income tax purposes, you must file a
resident income tax return using either Form IT-150, Resident Income Tax Return (short form), or Form IT-201, Resident Income Tax Return (long form)."

Is above applicable for me as I moved in NY State in 26th Jan 2008 and here since then?

Please suggest.

ebaines

If you had no other federal income in January prior to moving to NY, I don't think it really matters whether you file either NY's full-year resident form (IT-201) or the part year resident form (IT-203). The section you quoted simply reaffirms that you file as a resident (as opposed to a non-resident) - part-year resident for 2008 and full year resident after that - even though you may consider someplace else your true "home." This is to make sure that people who maintain one home in NY and a second home in another state don't try to claim they are non-residents of NY if in fact they spend more time in NY than the other state. For example, there are a lot of "snow birds" who live in NY in the summer and in Florida in the winter, who would save a lot of money by claiming FL residency rather than NY. The section you quoted says that NY will demand income tax payments if they don't spend at least 6 months each year out of state.

Syracuse_TaxPayer

Thank You Ebaines.

Regards

Syracuse_TaxPayer

Thank You Ebaines.

I will file NY State Part Year Recident Tax Return for year 2007.

Regards