NYC Taxes - live in NYC but travel overnight, outside of NYC for work

[rstein82]

Originally Posted by bluedog2

It's simple.All you have to do is prove that you have established a domicile outside of NYC.Since you are married,your spouse will have to prove the same.

Just curious,have you been taking the star property tax exemption on your co op,as a primary residence? Have you registered to vote yet in Albany ? Any utility bills on your Albany residence ?

I just applied for the Star tax exemption this year, so to my understanding I will be able to take advantage of that exemption for the 2014 tax year.

I don't have an Albany residence, either am I registered to vote in Albany; I drive up here early Monday mornings for work and drive back to the city on Thursday evenings. I simply stay in a hotel while I am in Albany (no utility bills tied to Albany)

Although, when documenting my time (and submitted to, then approved by my employer), it is recorded to the location of Albany, so I am not sure if that has any influence.

[bluedog2]

Originally Posted by rstein82

I just applied for the Star tax exemption this year, so to my understanding I will be able to take advantage of that exemption for the 2014 tax year.

I don't have an Albany residence, either am I registered to vote in Albany; I drive up here early Monday mornings for work and drive back to the city on Thursday evenings. I simply stay in a hotel while I am in Albany (no utility bills tied to Albany)

Although, when documenting my time (and submitted to, then approved by my employer), it is recorded to the location of Albany, so I am not sure if that has any influence.

It's not a matter of documenting time spent in Albany or anywhere else outside of NYC. It will be a matter of proving that you have abandoned NYC as a residence and proving that you have established a domicile outside of NYC.

[mathjak107]

having seen a state tax audit done folks don't understand the burdeon of proof falls on you to prove you don't live here. they do not have to prove a thing ,you do.

when you don't live here as your principal residence it is easy to prove. ez-ee pass, cell phone records , banking ,receipts, charge cards , it is all so easy.

[BugsyPal]

Again, a man from NJ (formerly of Staten Island) just won a landmark case against NYS's tax laws.

The guy purchased a home on Staten Island for elderly family members to live in, and while he does work on the Rock, he commuted home each night to NJ. NYS auditors used the usual tactics and slammed him with an "instate" tax bill, which he fought and won.

Courts agreed that the man did not nor intended to live in the SI home and that his primary address was where he said it was, in NJ.

As noted many times in this thread, just working out of NYC a few days per week when your primary address is in the City isn't going to work. You need to prove that your only tie to NYC is that you come here to work and then leave, end of story.

[BrownstoneNY]

More than 183 days of residency -- No. You are subject to NYC tax, period. There is no credit for part-time residency.

Establishing a domicile outside of New York City is irrelevant. If you are in NYC more than half of the days of the year and own or rent property in NYC (even if you don't actually ever stay in that property, for example if you just work in Manhattan and are only there during the day, but also happen to own a pied-a-terre that you never use), you are considered a resident of NYC for NYC tax purposes.

Bugsy's example is different--there, the man could show that, while he owned the house, it was bought for someone else to live in, and thus wasn't his residence at all (analogous, in the court's mind, to owning an apartment building in NYC that you rent out to tenants, which is not alone enough to create NYC tax liability). That's not going to be possible here, since you actually do live in your co-op a good portion of the time.

[babo111]

Nope, you are going to have to pay. Only way to get out of it is if you move out of NYC or have two place (one in NYC and another outside) where you live "domicile" while abiding by <182 day year rule. Hotel don't count.

Here is an article of a man doing so and planning ahead for it.

Man Takes Selfies for Proof to the IRS

So in your case, if you do travel a lot of your work. What would work legally for you is to have a 'domicile' outside of NYC and have that as your residence, use your NYC coop during <182 days.

I did a stint in consulting and lot of guys who traveled heavily established their primary residences in states with favorable income & capital gains tax system such as Florida. These guys had timeshares and 'vacation homes' in other places where they visited or traveled to a lot. All legal of course.

[brooklyn1234]

Originally Posted by rstein82

Sorry, I am just trying to get clarification on the tax laws and what I am entitled to. I am just here to gather information for my own knowledge.

Actually, contrary to BlueDog's belief there is a partial NYC tax. This is from 2010 but it will give you some info:

http://www.tax.ny.gov/pdf/2010/inc/it360_1i_2010.pdf

Unfortunately in your case I do have to agree with everyone else- you were out of town for business but you were a NYC resident. ESPECIALLY because it's your only established residence. If you had a home in Albany too you might be able to argue it.

[Manhatta]

Lol I guessed that you were a consultant at "I live in NYC but travel every week". Rough life. Props to you. I don't think that you are eligible for any tax breaks based off the fact that at the end of the day, you still live in NYC. It is your "primary" place of residence. Of course, I'd consult with a CPA (or a couple, perhaps) before you take any of my advice.