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Old 08-14-2019, 09:29 AM
 
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I've been retired for several years. My wife and I live in Central Florida. Neither of us like Florida any longer and would like to move to another state. However, due to circumstances we can't control, we can't move for at least 1-2 years. We are exploring the possibility of spending 4-6 months in upstate NY. I'm originally from NY and there is a comfort factor involved in considering NY. I was thinking of renting a small (1 BR) apartment in the Ballston Spa/Saratoga Springs area. We will still maintain Florida as our legal residence.

I've read in a couple of financial publications that officials in NYS are clamping down on snowbirds to make sure that they don't spend more than 182 days in NY. Otherwise, taxes are owed. Here are my questions:

1) Are there any income tax implications for someone who is a legal resident in another state if they spend less than 182 days in NYS?

2) Since I will be driving my personal vehicle with a FL tag, can I expect to be stopped/questioned about the FL tag since I will have an apartment in NYS?

3) Do the cops go through apartment parking lots looking for out-of-state cars?

4) Has anyone had any experiences where they had to prove to NY tax officials that they didn't spend more than 182 days in NYS?

Thank you.
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Old 08-14-2019, 11:00 AM
 
69,673 posts, read 96,502,564 times
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Quote:
Originally Posted by OrlYankee View Post
I've been retired for several years. My wife and I live in Central Florida. Neither of us like Florida any longer and would like to move to another state. However, due to circumstances we can't control, we can't move for at least 1-2 years. We are exploring the possibility of spending 4-6 months in upstate NY. I'm originally from NY and there is a comfort factor involved in considering NY. I was thinking of renting a small (1 BR) apartment in the Ballston Spa/Saratoga Springs area. We will still maintain Florida as our legal residence.

I've read in a couple of financial publications that officials in NYS are clamping down on snowbirds to make sure that they don't spend more than 182 days in NY. Otherwise, taxes are owed. Here are my questions:

1) Are there any income tax implications for someone who is a legal resident in another state if they spend less than 182 days in NYS?

2) Since I will be driving my personal vehicle with a FL tag, can I expect to be stopped/questioned about the FL tag since I will have an apartment in NYS?

3) Do the cops go through apartment parking lots looking for out-of-state cars?

4) Has anyone had any experiences where they had to prove to NY tax officials that they didn't spend more than 182 days in NYS?

Thank you.
As far as 2 and 3, I'd say no. Hopefully others will chime in with more specifics, but this can give you a good base to start from: https://www.retirementliving.com/tax...yoming#NEWYORK
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Old 08-14-2019, 12:21 PM
 
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If you have a high net worth I'd be weary of snowbirding to NY. Even if you can document your whereabouts for every single day of the year, NYS always has some trick up their sleeve. It's one of those states where you have to assume the worst, especially as a part-year resident.
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Old 08-14-2019, 04:02 PM
 
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Originally Posted by MrJones17 View Post
If you have a high net worth I'd be weary of snowbirding to NY. Even if you can document your whereabouts for every single day of the year, NYS always has some trick up their sleeve. It's one of those states where you have to assume the worst, especially as a part-year resident.
Thanks for the advice. I think even NY would be hard-pressed to get anything out of me. I own property in FL, I have lived in the same house for almost 40 years, I vote here, my doctors are all here, my financial matters are settled here. Let them waste their time. I was just curious if even as a part-time resident, do I have to file any NYS tax return. Or, if I would get hassled with FL tags on my car.
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Old 08-14-2019, 06:31 PM
 
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Some pretty specific information here: https://www.tax.ny.gov/pit/file/part_year_residents.htm
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Old 08-15-2019, 06:27 AM
 
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Originally Posted by ckhthankgod View Post
Some pretty specific information here: https://www.tax.ny.gov/pit/file/part_year_residents.htm
So, after reading this, it seems that I would be considered a resident of NY if my domicile is NOT in NYS but I maintain a permanent residence of abode in NYS for 11 months of the year AND spend 184 or more days of the year in NYS. So, if I spend less than 184 days in NYS, I shouldn't be considered a resident. At least that's how I interpret it.
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Old 08-15-2019, 06:38 AM
 
69,673 posts, read 96,502,564 times
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Originally Posted by OrlYankee View Post
So, after reading this, it seems that I would be considered a resident of NY if my domicile is NOT in NYS but I maintain a permanent residence of abode in NYS for 11 months of the year AND spend 184 or more days of the year in NYS. So, if I spend less than 184 days in NYS, I shouldn't be considered a resident. At least that's how I interpret it.
Correct...So, basically you can stay up to 183 days in the state without being considered a tax paying resident of the state.
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Old 08-15-2019, 08:11 AM
 
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Originally Posted by OrlYankee View Post
Thanks for the advice. I think even NY would be hard-pressed to get anything out of me. I own property in FL, I have lived in the same house for almost 40 years, I vote here, my doctors are all here, my financial matters are settled here. Let them waste their time. I was just curious if even as a part-time resident, do I have to file any NYS tax return. Or, if I would get hassled with FL tags on my car.
The car tags shouldn't be an issue. It seems like they focus on people who have high net worth with "part time" residences downstate or in the city. So it should help even more that you are looking to snowbird upstate.
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Old 08-16-2019, 08:35 AM
 
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Friends have been legal residents of FL for many years, also maintain a home at a lake in NY. They FL plates on their cars and never have had a problem. They usually arrive NY around 5/15 and leave early October. believe it is those that are recently establishing residency in FL that gets the hassle. Your post was interesting to me as I recently read an article that many seniors who move to FL will move back in 5 years due to physical ailments and/or to be near family.
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Old 08-20-2019, 09:26 AM
 
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Originally Posted by Ellwood View Post
Friends have been legal residents of FL for many years, also maintain a home at a lake in NY. They FL plates on their cars and never have had a problem. They usually arrive NY around 5/15 and leave early October. believe it is those that are recently establishing residency in FL that gets the hassle. Your post was interesting to me as I recently read an article that many seniors who move to FL will move back in 5 years due to physical ailments and/or to be near family.
I didn't know that seniors were moving out of FL and back north after such a short time. Today's Florida isn't the same as the Florida I remember 40 years ago when I first moved here. That being said, my wife and I love the Saratoga Springs/Lake George area. We try to go up there at least once a year. We definitely want to move out of FL sometime in the next couple of years. Don't know where we will end up yet. Right now, getting a place (apt) in the Saratoga area would be ideal for us. It gets us out of the heat for the summer at the least. Plus, it's an Amtrak ride away from NYC.
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