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-   -   NY part-Year resident or resident? (https://www.askmehelpdesk.com/showthread.php?t=295140)

  • Dec 23, 2008, 09:23 AM
    rbommar
    NY part-Year resident or resident?
    Am I part-yr resident or Resident of ny for 2003 and 2004?
    7/1/2003 to 11/30/2004 lived in NY, Rented, before 4 yrs in MI
    12/01/2004 to 12/31/2006 lived in NJ, bought house
    7/1/2003 to 6/30/2004 : worked in NY
    7/1/2004 to 6/30/2006 : worked in NJ

    Thanks
  • Dec 23, 2008, 09:38 AM
    AtlantaTaxExpert
    You were a part-year resident of NY state for 2003 and 2004, and a part-year resident of NJ for 2004.

    You were also a part-year resident of the state in which you lived in 2003 prior to moving to NY state.
  • Dec 23, 2008, 09:46 AM
    MukatA

    7/1/2003 to 6/30/2004. Since you worked in NY, you must report this income on the NY tax return.

    7/1/2004 to 11/30/2004. You worked in NJ so you must report this income on NJ tax return. But you lived in NY. So you must report this income on the NY tax return also. On the NY tax return, you will claim credit for taxes paid to NJ.
  • Dec 23, 2008, 09:58 AM
    rbommar
    Quote:

    Originally Posted by AtlantaTaxExpert View Post
    You were a part-year resident of NY state for 2003 and 2004, and a part-year resident of NJ for 2004.

    You were also a part-year resident of the state in which you lived in 2003 prior to moving to NY state.

    Thanks for the help.

    Do you think this definition applies to me in 2003 and 2004?
    Resident:
    You are a New York State resident if:
    a) Your domicile is not New York State, but you maintain a permanent place of
    Abode in New York State and spend 184 days or more in New York State during
    The taxable year.

    Also, I'm losing the refund on 03 and 04. Do you think I get refund from 0 onwards even though I never apply for state extension? I did fed. Extension
    Thanks for your time
  • Dec 23, 2008, 10:29 AM
    AtlantaTaxExpert
    The extension is not relevant, because you have forfeited any refunds from either 2003 or 2004, due to the three-year statute of limitations on filing for tax refund on either federal or state level.

    The latest you could have filed for a refund for 2004 was 15 Aprl 2008.

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