I bought a house in whitehall, PA in Feb of last year. I work in New York city. All my income is made in NY. I have a room that I rent in NYC where I stay during the week, then go home on weekends. I still have a NY drivers licence. My question is, is it okay to claim residency in PA where my home is so I can get a bigger refund from NY state since I won’t be resident? Or should I claim ny residnecy instead? With turbo tax my NY refund is $988 as NY resident & 1987 as PA resident. I don’t want to get into trouble with the TAX people so any advice is appreciated.
I think you can claim PA as your residence, but you might still have to pay NY state taxes since that is where you earn your income. Don’t know the rules in those states.
Sounds like you really live in PA. But to make that stick, you need to get your drivers license changed, and also car registration if you haven’t already.
1. NY says that you must claim NY residency if you spend at least 183 days per year there.
2. If you claim PA residency, you have to pay PA tax. This may exceed the difference in NY refunds.
believe you have to choose where you sleep 50%+ of the time
but I am not a pro
so why worry – - – let’s get rid of the IRS!http://www.fairtax.org
that’s national
you are regional – well it will still help!
You’ll need to check each state’s tax laws. Many states have statutory “bright-line” residency tests for determining whether an individual is treated as a resident for individual income tax purposes.
Both NY and PA may have something similar to Ohio’s, which is defined here: http://tax.ohio.gov/divisions/communicat…
Get a PA drivers license to your residence there, and let NY license expire or even surrender it… that should CLINCH the claim for THAT being your MAIN place of residence for tax purposes. Also, have the NY bills (utilities, etc) MAILED to the PA address and pay them from there with checks drawn on a PA bank account.