nymaat
Jul 21, 2009, 10:17 PM
My family is in Washington, but I moved to NYC in 2007 for work and rented an apartment there. I moved back to Washington in mid 2008 due to personal reasons. For my 2007 return, I filed as resident. But for the 2008 return, I filed as nonresident. NYS tax department now wants me to pay NYC tax as part-year resident.
NYS considers someone a resident if that person's domicile isn't NYS, but he/she maintains a permanent place of abode in NYS for more than 11 months and spent 184 days during the tax year. (the same definition works for NYC)
I believe my domicile has always been Washington, but in 2007, I considered myself a resident because I kept a permanent place of abode in NY for more than 11 and spent 184 days there. But for 2008, I only kept my permanent place of abode in NY for 6 months and spent less than 184 days. Thus for 2008, I should be considered a nonresident.
Does this argument makes sense? Because I don't quite understand how I can be a part-year resident under these definitions.
Thank you!
NYS considers someone a resident if that person's domicile isn't NYS, but he/she maintains a permanent place of abode in NYS for more than 11 months and spent 184 days during the tax year. (the same definition works for NYC)
I believe my domicile has always been Washington, but in 2007, I considered myself a resident because I kept a permanent place of abode in NY for more than 11 and spent 184 days there. But for 2008, I only kept my permanent place of abode in NY for 6 months and spent less than 184 days. Thus for 2008, I should be considered a nonresident.
Does this argument makes sense? Because I don't quite understand how I can be a part-year resident under these definitions.
Thank you!