Which state to use for tax purposes?

Forum|Forum|5 years ago
October 12, 2020
6 replies
19 views

I have a client that has a house in NY (primary) and a home in PA (vacation). As of March, he has been living in his PA home. He still works in NY (remotely) and goes to NY to check on the home once a week. He hasn't updated anything to the PA address; license, bank account, registered cars. He plans on moving back to NY once the pandemic is over, whenever that may be. Will I be making him a nonresidence of NY when tax time comes or will he still be considered a resiednce since he maintains a home there.

ProSeries Professional

This topic has been closed for replies.

T

Terry53029

Intuit Community Champion

Your tax home is the general area of your main place of business, employment, or post of duty, regardless of where you maintain your family home. Your client is also still a resident of NY.

T

tbanksAuthor

Level 3

Thank you. I know there is a 183 day rule. Wouldn't that then cause him to be considered a resident of PA?

T

Terry53029

Intuit Community Champion

You stated he goes back to NY every week, so he has not been away from his resident for the 183 day rule. Although the rules vary among states, generally speaking, most states define a “resident" as an individual who is in the state for other than a temporary or transitory purpose

Sign up

Login with SSO

Let's get you signed in

Login with SSO