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Old 03-25-2014, 01:25 PM
 
6 posts, read 12,850 times
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Good afternoon to all!

Here is my scenario/question:

I currently own a co-op (closed in July 2013) with my wife in Manhattan, but I travel 4 days a week for work (I do consulting work where I travel overnight and outside of NYC; I have been working in Albany, NY 4 out of 5 days a week). I have paid NYC residence taxes in past years while I rented (although it is an added expense I didn't want to play games and break the law to risk an audit).

After calculating the number of days that I have worked outside NYC, it adds up to a little over 183 days (which to my understanding is a factor that is used to determine residency). I spent less number of nights in 2013 in my NYC apartment then I did while on work travel in Albany, NY.

I work for a large reputible firm and I have credit card reciepts for hotel stays and meals in Albany, EZ-pass statements, etc. so I can prove without a doubt that I have been in Albany for a majority of the 2013 tax year.

So, here is my question -

Am I eligible for a NYC tax break given these circumstances?

I did take my taxes to a CPA but I would like to know for my own knowledge, is there any way to get a relief on the NYC taxes?

Thank you for your responses in advance!
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Old 03-25-2014, 02:52 PM
 
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I am not a CPA but can you claim residency in another place such as Albany?
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Old 03-25-2014, 02:58 PM
 
6 posts, read 12,850 times
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Originally Posted by Chava61 View Post
I am not a CPA but can you claim residency in another place such as Albany?
I am not sure, would a hotel count as a valid residence? Also, I am not sure how it would play out if my wife and I file jointly?
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Old 03-25-2014, 03:40 PM
 
Location: Beautiful Pelham Parkway,The Bronx
9,051 posts, read 22,420,967 times
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Quote:
Originally Posted by rstein82 View Post
Good afternoon to all!

Here is my scenario/question:

I currently own a co-op (closed in July 2013) with my wife in Manhattan, but I travel 4 days a week for work (I do consulting work where I travel overnight and outside of NYC; I have been working in Albany, NY 4 out of 5 days a week). I have paid NYC residence taxes in past years while I rented (although it is an added expense I didn't want to play games and break the law to risk an audit).

After calculating the number of days that I have worked outside NYC, it adds up to a little over 183 days (which to my understanding is a factor that is used to determine residency). I spent less number of nights in 2013 in my NYC apartment then I did while on work travel in Albany, NY.

I work for a large reputible firm and I have credit card reciepts for hotel stays and meals in Albany, EZ-pass statements, etc. so I can prove without a doubt that I have been in Albany for a majority of the 2013 tax year.

So, here is my question -

Am I eligible for a NYC tax break given these circumstances?

I did take my taxes to a CPA but I would like to know for my own knowledge, is there any way to get a relief on the NYC taxes?

Thank you for your responses in advance!
Forget it.Traveling does not count.They look at your domicile.A hotel room is not a domicile unless you rent the same room on a yearly basis.If you are married they will also look at where your spouse lives and works.You may be able to prove that you actually spent more time in Albany than in NYC but good luck proving you have established a domicile outside of NYC.
http://litaxattorney.com/content/res...ing-place-city

"In order to change domicile, the person must “leave and land,” that is, he must show that the city is no longer his domicile, and that he has established a new domicile. The city looks at four major factors: home, that is, the nature and use of each dwelling; business involvement; time spent in each place; and items near and dear. If there is no definite conclusion based on those four factors, then the city will also look at a fifth factor, family connections."

You most assuredly will be audited and you will lose and be fined and penaltied to death. No authority is more dogged than the NYC Dept of Finance.They are a million times worse than the IRS or NY State.

Last edited by bluedog2; 03-25-2014 at 03:49 PM..
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Old 03-25-2014, 03:53 PM
 
1,058 posts, read 1,844,781 times
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[quote=rstein82;34032104]Good afternoon to all!

Here is my scenario/question:

I currently own a co-op (closed in July 2013) with my wife in Manhattan, but I travel 4 days a week for work (I do consulting work where I travel overnight and outside of NYC; I have been working in Albany, NY 4 out of 5 days a week). I have paid NYC residence taxes in past years while I rented (although it is an added expense I didn't want to play games and break the law to risk an audit).

After calculating the number of days that I have worked outside NYC, it adds up to a little over 183 days (which to my understanding is a factor that is used to determine residency). I spent less number of nights in 2013 in my NYC apartment then I did while on work travel in Albany, NY.


I have been through this very question with the tax people a few years ago and here is the answer. If you live in NYC and do any kind of business in NYC like out of your home on the phone then they got you. If your "real" office is in Albany and you "commute" there for work then you will not owe it but you need to clarify that. The fact that you are a consultant really hurts you (as it did me) good luck I hope you beat them. If your company supports the position that all your work is in Albany then it will help you.
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Old 03-25-2014, 04:06 PM
 
6 posts, read 12,850 times
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Originally Posted by bilmin View Post
I have been through this very question with the tax people a few years ago and here is the answer. If you live in NYC and do any kind of business in NYC like out of your home on the phone then they got you. If your "real" office is in Albany and you "commute" there for work then you will not owe it but you need to clarify that. The fact that you are a consultant really hurts you (as it did me) good luck I hope you beat them. If your company supports the position that all your work is in Albany then it will help you.
Well, the client's office is in Albany; the company that I work for also has an office in Albany, but 99% of the time that I spend in Albany is at the client's office. The one day a week that I work in NYC I am on the phone and do work for the client from home.

Is there such a thing as a "partial NYC tax"? where one would pay a percent of what they normally would based on the number of nights that they spend in NYC? Or does the NYC tax man see it as black and white - either you pay all or nothing?
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Old 03-25-2014, 04:11 PM
 
Location: Beautiful Pelham Parkway,The Bronx
9,051 posts, read 22,420,967 times
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Quote:
Originally Posted by rstein82 View Post
Well, the client's office is in Albany; the company that I work for also has an office in Albany, but 99% of the time that I spend in Albany is at the client's office. The one day a week that I work in NYC I am on the phone and do work for the client from home.

Is there such a thing as a "partial NYC tax"? where one would pay a percent of what they normally would based on the number of nights that they spend in NYC? Or does the NYC tax man see it as black and white - either you pay all or nothing?
Oh,sure,just go in and have a chat and try to work something out with them.I'm sure they will make exception for you.
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Old 03-25-2014, 04:34 PM
 
6 posts, read 12,850 times
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Quote:
Originally Posted by bluedog2 View Post
Oh,sure,just go in and have a chat and try to work something out with them.I'm sure they will make exception for you.
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.
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Old 03-25-2014, 04:39 PM
 
Location: Beautiful Pelham Parkway,The Bronx
9,051 posts, read 22,420,967 times
Reputation: 7339
Quote:
Originally Posted by rstein82 View Post
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.
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 ?

http://www.akerman.com/documents/res.asp?id=1089

"The Domiciliary Test includes any individual who maintains his domicile in New York which is the place the individual intends to be his permanent residence and the place he intends to return from absence. An individual can have only one domicile. Once established a domicile continues until the individual moves to a new location with the affirmative intention of changing his permanent residence. Thus, if one changes his domicile from New York, it is essential to substantiate that the new non-New York location is the individual's new permanent residence.

Last edited by bluedog2; 03-25-2014 at 04:48 PM..
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Old 03-25-2014, 04:48 PM
 
1,058 posts, read 1,844,781 times
Reputation: 576
Quote:
Originally Posted by rstein82 View Post
Well, the client's office is in Albany; the company that I work for also has an office in Albany, but 99% of the time that I spend in Albany is at the client's office. The one day a week that I work in NYC I am on the phone and do work for the client from home.

Is there such a thing as a "partial NYC tax"? where one would pay a percent of what they normally would based on the number of nights that they spend in NYC? Or does the NYC tax man see it as black and white - either you pay all or nothing?

what address do your company checks come to-- that is what got me--- if your company shows you are in NYC and that is where they send your checks (even if electronic) and other correspondence then the tax man will get you. But I am not a lawyer or an accountant and that is who you need to really be talking to not a bunch of yahoos on this site,
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