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Level 3
March 10, 2021
Question

Sale of rental property in a non resident state

  • March 10, 2021
  • 6 replies
  • 36 views

My client sold a rental property and is reporting a gain of $155k in his tax return.

 

He lives in NY but the property sold is located in NJ and sold in NJ.

I am not being able to exclude this gain in his NY taxes, even though I am reporting this as taxable in his NJ NR return.  So proseries is prompting me to have him pay taxes for this gain in both states.

He only needs to pay taxes in NJ, correct? How do I mark in his NY tax return?

 

PS. he also has a W2 form from NY for $25k.

 

Thank you.

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6 replies

sjrcpa
Level 15
March 11, 2021

A NY resident pays NY tax on all his income. He should be able to get a credit for tax paid to NJ on the doubly taxed income.

The more I know the more I don’t know.
sjrcpa
Level 15
March 11, 2021
The more I know the more I don’t know.
PATAX
Level 12
March 11, 2021

Sjr, I was typing that message in at the same exact time that you were typing your messaging in... the second that I posted it I then saw your message... So it is actually not an echo but it could mean that we are cut from the same cloth, as the old saying goes.

PATAX
Level 12
March 11, 2021

let me preface my remarks by stating that I am not an expert on those two states... But Common Sense tells you that you should not have to pay tax twice to two different states for the same transaction... So somewhere on the return you may be able to find a location to exclude the income or to give you a credit for the tax paid to the other state.. Multiple state returns are always a challenge, and you may have to ask the client if they wish to mail the two state returns if you cannot correct e-filing errors. Also sometimes one state wants to see the tax return that you filed in the other state.... Just my opinion

ddh2020Author
Level 3
March 11, 2021

thank you.  Yes i do not see anywhere in the NYS return a box to allocate income for residents or claim the credit. 

 

I have done it in the past where a person lives in NJ and works in NYS and NJ does have that option in box 32 to claim credit.

its very confusing..

Level 4
March 11, 2021

NY Credits for taxes paid to another State are calculated on NY Form IT 212R. PS should handle this after you calculate the NJ return first.