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Posted by Bernie Cosell on February 18, 2008, 6:30 am
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My dad actually physically lives in New York City. BUT: _every_ "address"
for him is to my place, in Virginia. [e.g., his bank accounts are here,
all his bills and such are sent here, all of his mail comes here, his assets are
registered at my address]. Is he still considered a resident of NYS? [first,
for legal matters, and second for taxes: would he still have to pay NYS/NYC
taxes? VA taxes? (heavenforfend, both..:o)) Where would he vote? in NYS or
absentee ballot in VA?]
/Bernie
--
Bernie Cosell Fantasy Farm Fibers
bernie@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--
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Posted by Mark Bole on February 18, 2008, 10:50 am
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Bernie Cosell wrote:
> My dad actually physically lives in New York City. BUT: _every_ "address"
> for him is to my place, in Virginia. [e.g., his bank accounts are here,
> all his bills and such are sent here, all of his mail comes here, his assets
are
> registered at my address]. Is he still considered a resident of NYS? [first,
> for legal matters, and second for taxes: would he still have to pay NYS/NYC
> taxes? VA taxes? (heavenforfend, both..:o)) Where would he vote? in NYS or
> absentee ballot in VA?]
First there is domicile, which you acquire at birth and keep until you
establish a new one (one and only one domicile at a time).
Then there is residence, for tax purposes each state has its own rules.
As Katie (one of the resident experts, pun intended) has pointed out in
the past, it is possible to be a domiciliary resident of one
jurisdiction and a statutory resident of another, subject to resident
taxation of both -- although often there will be some kind of credit for
taxes paid to the other state, to reduce or eliminate double taxation.
If you dad maintains stronger ties overall to VA but lives and works in
NY, its sounds like he is indeed a taxable resident of both NY and VA.
(cross-posting to m.l.m. removed from this reply).
-Mark Bole
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Posted by Timothy on February 19, 2008, 7:03 am
Please log in for more thread options > My dad actually physically lives in New York City. BUT: _every_ "address"
> for him is to my place, in Virginia. [e.g., his bank accounts are here,
> all his bills and such are sent here, all of his mail comes here, his assets
are
> registered at my address].
Ummm, your domicile IS (ostensibly) where you "physically" live. So
NYC is where your dad lives. If he wants to send all his mail
somewhere else, he is free to do so... but that doesn't make him a
resident of Virginia any more than renting a PO Box in NYC would make
him a resident of the post office.
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Posted by ChenangoBusinessServices@hotma on February 19, 2008, 7:03 am
Please log in for more thread options > My dad actually physically lives in New York City. =A0BUT: _every_ "addres=
s"
**********
NYC taxing authorities love to browse thru business records looking
for these folks.
One NYC client had her Mink coat sent to another state where she
picked it to wear.
They caught her. The business in the city just let them look at their
books.
Now its so easy to sit and google names and phone numbers to catch
folks
He's asking for trouble
Nichols
CBS
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Posted by John A. Weeks III on February 19, 2008, 7:03 am
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> My dad actually physically lives in New York City. BUT: _every_ "address"
> for him is to my place, in Virginia. [e.g., his bank accounts are here,
> all his bills and such are sent here, all of his mail comes here, his assets
> are
> registered at my address]. Is he still considered a resident of NYS?
> [first,
> for legal matters, and second for taxes: would he still have to pay NYS/NYC
> taxes? VA taxes? (heavenforfend, both..:o)) Where would he vote? in NYS or
> absentee ballot in VA?]
New York State has a document on-line that addresses the issue of
domicile. It is geared towards people who establish a home in
Florida to try to get out of NY taxes. It has a series of
guidelines to help an auditor determine what is fair. A key
question is how much time does your dad spend in NY as compared
to VA? I think he loses right there, he is a NY resident.
The next one is where does he keep his "near and dear items"
such as personal photos and family heirlooms. Another one is
where does he visit the dentist or go for routine medical checks.
Banking used to be a factor, but with electronic banking in past
years and Internet today, you can open a bank account just about
anywhere.
-john-
--
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John A. Weeks III 612-720-2854 john@johnweeks.com
Newave Communications http://www.johnweeks.com
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