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socrateaser
socrateaser, Lawyer
Category: Tax
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Experience:  Retired (mostly)
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I have lived in the State of Pennsylvania for the past year

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I have lived in the State of Pennsylvania for the past year and a half. I have not filed taxes yet for 09 or 10. Half of the year of 09 was spent living in NJ as well as 08 living in NJ. I never changed my driver's license or voter registration from New York where I originally lived. My car is also still registered in New York.

I am still a legal resident of the State of New York even though I was domiciled in NJ and PA?
Submitted: 2 years ago.
Category: Tax
Expert:  socrateaser replied 2 years ago.
Residency for tax purposes requires: (1) an abode/domicile (i.e., place of residence), and (2) the objective intent to reside therein.

The fact that your drivers license and voter registration continues to be in NY could be argued to be proof of your intent to reside in NY. However, the fact that you actually resided elsewhere could be used to rebut that proof, were the matter disputed by a state tax authority.

You need some other proof that your residency is intended to be temporary (e.g., you are a full-time student in NJ or PA during the portion of the year during which you lived outside of NY) -- or, you risk being treated as a resident, since your time in each state jurisdiction was objectively more than merely transitory.

Hope this helps.

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socrateaser, Lawyer
Category: Tax
Satisfied Customers: 33376
Experience: Retired (mostly)
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