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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor Relations
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I worked nyc company and traveled back and forth to london

Customer Question

hi i worked for a nyc company and traveled back and forth to london ntil july 15 2014 when i moved there and switched officially to the london office and was thence paid in pounds iwas in nyc less than 183 days n 2014 my boyfriend still lived there til october 2014 ( was also on apartment lease) we both have apartmnt in london now i was on london payroll starting in july 15 2014 and lived with friends til i got own apartment inoctober i am from nys all my likfe but now have lived in london over a year and am doing 2014 tax return for which nyc and nys income taxes were withheld also have other investnet income am i subject to nys and or nyc tax thanks jo
Submitted: 1 year ago.
Category: Tax
Customer: replied 1 year ago.
also i get income and some cap gains from a ny trust trust i think that is taxable as ny sourced also get income from other investments outside of trust is that subject to nys/nyc tax my parents live in newburgh ny where i grew up
Customer: replied 1 year ago.
i was on apt lease with my boyfriend in nyc but lived mostly in london though still paid from ny offce would i get ny taxes back i get confused by residence vs domicile i have my london based pay information from july 15 onwards i get that i am subject to us tax which was also witheld for income earned in us and iguess unearned income as well just noy sure about ny taxes
Customer: replied 1 year ago.
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Expert:  Lev replied 1 year ago.

These are two separate issues.
As an US citizen - you generally required to report all your taxable income
If you live abroad - you might qualify fro foreign earned income exclusion on your federal tax return.
However - your state tax liability is based whether you are a resident of NY or a nonresident of NY.
If you are a resident - you woudl be taxed on all your worldwide income.

Expert:  Lev replied 1 year ago.

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.
However, even if your domicile is New York State, you are not a resident if you meet all three conditions in either Group A or Group B as follows:
Group A
1. You did not maintain any permanent place of abode in New York State during the tax year; and
2. You maintained a permanent place of abode outside New York State during the entire tax year; and
3. You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year.
Group B
1. You were in a foreign country for at least 450 days during any period of 548 consecutive days; and
2. You, your spouse (unless legally separated), and minor children spent 90 days or less in New York State during this 548-day period; and
3. During the nonresident portion of the tax year in which the 548-day period begins, and during the nonresident portion of the tax year in which the 548-day period ends, you were present in New York State for no more than the number of days that bears the same ratio to 90 as the number of days in such portion of the tax year bears to 548.
So far - if based on these rules - you think that you were a nonresident ion NY - your income is not taxes on the state level.
Otherwise - you would be considered a resident of NY - and will be taxed on all your income.

Customer: replied 1 year ago.
you didnt answer my question am i considered a resident or not or a part time resident
Customer: replied 1 year ago.
i already read the stuff from nys tax department
Customer: replied 1 year ago.
as i stated iwas out of ny more than 184 days and didnt maintain an apartment for morethan 11 months my parents live in ny and i have ny drivers license but now live in london i earned income on a ny w2 from jan to july and ny nyc taxes already taken out but i didnt live in ny more than 184 days you are not respsive to my questions
Expert:  Lev replied 1 year ago.

Based on your information - your domicile is NOT New York State - so you are considered a New York State nonresident on the date you moved out.
That date is generally the date when you terminated your lease (stop maintaining a permanent place of abode in New York State) and had NO intention to return back to NYS.

If you moved in the middle of the tax year - you will need to file NYS tax return as a part year resident for that tax year - and as a nonresident for all following years.
Having NY drivers license woudl not make any difference in determination - but you woudl not be able to renew your drivers license and that fact might make NY taxing authorities to "think" that you are a NYS resident. So if you change your drivers license you could avoid possible questions regarding your residency.

Let me know if that answered your question.