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    Syracuse_TaxPayer's Avatar
    Syracuse_TaxPayer Posts: 22, Reputation: 1
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    #1

    Mar 15, 2008, 05:27 PM
    NY State Tax Return
    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's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Mar 16, 2008, 04:51 PM
    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's Avatar
    Syracuse_TaxPayer Posts: 22, Reputation: 1
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    #3

    Mar 16, 2008, 05:02 PM
    Quote Originally Posted by Syracuse_TaxPayer
    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.
    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's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Mar 17, 2008, 06:16 AM
    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's Avatar
    Syracuse_TaxPayer Posts: 22, Reputation: 1
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    #5

    Mar 17, 2008, 08:54 AM
    Thank You Ebaines.

    Regards
    Syracuse_TaxPayer's Avatar
    Syracuse_TaxPayer Posts: 22, Reputation: 1
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    #6

    Mar 17, 2008, 08:54 AM
    Thank You Ebaines.

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

    Regards
    alma duand's Avatar
    alma duand Posts: 1, Reputation: 1
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    #7

    Apr 20, 2012, 04:11 PM
    I lived in NYS from 2008 to 2011 now I live in Puerto Rico since 06/29/2011 how do I fill my IT-201?

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