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James2571 · Jan 21, 2011, 10:07 AM

Thank you in advance for any suggestions.

I transferred jobs from NY to NC in December of 2009, I stayed with family and friends for a few months, while my wife and daughter stayed in NY at our home we owned. I went back to NY to pick them up(3/31/10) and move them down to our home, now in NC.

1. Do I need to file NY income tax,even though I had $0 from a NY source?
2. I received 2 W2's from my employer, Both NY and NC W2's have same amount in Box 1 (Wages) and in Box 16 (State wages). Is this correct or do I need to have a corrected W2 showing a breakdown of wages I made while owning home in NY, and when I moved to NC. All state taxes taken from NC. $0 state taxes taken out for NY..

Please Help.

ebaines · Jan 21, 2011, 10:46 AM

Your relocation date is key. If starting in December 2009 you were working full time in NC, and just visiting NY on weekends, you can claim that as of December 2009 you were a NC resident even though you still lowned a home in NY. You consider that property as your 2nd home (vacation home) for Dec 2009 - March 2010. So if in 2010 you had no NY source of income, then you don't owe any NY tax for 2010. (This assumes that you don't have other income such as interest, dividends, capital gains etc from investment companies that continued to use your old NY address.) It sounds like your employer had you in their records as a NY resident for 2010 - did you forget to notify them of your new NC address? Since they issued a W2 showing NY income and $0 NY withheld, I think you're going to have to file a non-resident NY income tax form. It's a bit of work, but since you had $0 NY source income the amount due would be $0. If you don't bother filing with NY, they are likely to come after you for failure to file. Best to head that off up front. Be sure to keep documents that prove your NC residence status as of December 2009 - for example if you rented an apartment in NC, keep a copy of the lease in your files. And make sure your payroll department has your correct address so you don't go through this hassle again next year.