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T/P from NYS is now working and living in Canada for a 2–3-year period. His employer, the FBI, is withholding Federal and NYS income tax. He does not have a residence in NYS, just a PO Box for mail. Is he subject to NYS income tax, or can he file as a Non-Resident and get a full refund of the NYS taxes withheld?
His wife is in the same position, but she is using her mothers NJ address for mail.
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Where are most of his belongings, his family ties, where does he intend to return to when done with this assignment.
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Who issued his driver's license? Where does he vote?
Do they own a house in NY?
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What do we have the FBI doing in Canada?
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I think we have FBI all over the place. The only difference is this one didn’t have to spend as much time learning a foreign language as some of the others.
Slava Ukraini!
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Unless he is in the part of Canada that speaks French..
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We-we. Or is it wi-wi. Or wewe? wee-wee? Wiwi? Weewee? Why did you have to go and complicate things? Eh?
Slava Ukraini!
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He has a NY drivers license,. and he votes in NY . He does not own a house. He was renting in NY and moved all his belongings to Canada.
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He took all his belongings with him. He will probably return to NY when the assignment is done.
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I would go with NYS resident. It meets the domicile test.
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And NY is one of the tough states when it comes to proving you abandoned residency.
I agree with @Camp1040
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Keeping a PO box in NY sure doesn't help when you are trying to say you abandoned the state.
Slava Ukraini!
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Let alone drivers license and voter registration.