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-   -   I live in DE but rent and work in NY - should I change my state of residence (https://www.askmehelpdesk.com/showthread.php?t=667048)

  • Jun 4, 2012, 09:10 AM
    apontca2
    I live in DE but rent and work in NY - should I change my state of residence
    I am a Delaware resident but I work and rent in ny. What will be more beneficial: changing my state of residency to ny or leaving it as it is now (DE)?
  • Jun 4, 2012, 09:53 AM
    smoothy
    If you live in NY.. then you don't legally have a choice... you have to change it to NY or deal with tax evasion charges when they catch you.

    Ny can and would pursue this once they figure it out.
  • Jun 4, 2012, 10:48 AM
    AtlantaTaxExpert
    While being somewhat dramatic with his wording, Smoothy effectively has it right: you probably alreay ARE considered to be a New York resident.
  • Jun 4, 2012, 10:52 AM
    apontca2
    But tax evasion is not my intent... I didn't move cause I have a son in HS and don't want to move him in his Junior year.
    I rent a room in NY but own house in DE. Does the fact that I am a homeowner in DE makes me a resident?
  • Jun 4, 2012, 11:02 AM
    smoothy
    Doesn't matter.. where you own houses and how many... you live in NY... that makes you a NY resident for legal and tax reasons.

    That's like saying I own a House in Florida... so I don't have to pay income tax... it doesn't work that way... if you stay in a place for 50.0000001% of the time.. that is your residence. And you would not win an argument with the NY tax authorities.

    You could only claim Delaware if you drove a back and forth to Delaware every day.
  • Jun 4, 2012, 12:12 PM
    AtlantaTaxExpert
    Actually, it is NOT quite as cut-and-dry as Smoothie states; intent DOES make a difference.

    HOW LONG have you been renting an apartment in NY state?

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