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Posted by Benjamin Yazersky CPA on February 20, 2008, 7:33 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
> ber...@fantasyfarm.com Pearisburg, VA
> --> Too many people, too few sheep <--
You didn't give enough info to make a determination of residency.
NY is quite aggressive in this area and does many residency audits.
And there are many court cases. Its a highly litigated area.
You might want to look at some of these cases to see if your facts and
circumstances relate to any existing court case. That might help
guide you in which direction to look into.
___________________________________
<<< Benjamin Yazersky, CPA [NJ & NY] >>>
-----> real address on hobokeni or hobokenx <-----
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Posted by nospam on February 21, 2008, 7:42 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? * * *
>
> You didn't give enough info to make a determination of residency.
>
> NY is quite aggressive in this area and does many residency audits.
> And there are many court cases. * * *
The OP not having said that his father stays for any residential
purpose with the OP at the OP's Va. residence and/but having said that
his father "actually" [sic] "lives" [sic] in New York City" [sic] and
also not having said that his father resides or is domiciled at any
other location, why isn't that enough information to conclude that his
father is a N.Y. resident?
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Posted by R. Pile on February 20, 2008, 1:02 pm
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]. 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?
>
I have a nearly identical, but opposite, situation. Someone who moved
from NY State to VA in 2006 and lived in VA through all of 2007. She
still has a NY driver's license and NY plates on the car; her mailing
address is her son's address in NY. Her bank accounts are in NY and
she still travels to NY for doctor visits. Presumably, she votes
absentee in NY. In VA she lives with a family member; much of her
furniture and personal possessions are in storage in NY.
She does not work in VA and did not work in NY. Her income in 2007 is
limited to payments under a separation agreement with her soon-to-be
ex-husband plus part of his pension. She also earns a small income
through some tutoring at a local elementary school in VA. She owns
a rental condo in NY which will likely break even or produce a loss in
2007. She has no residence or job to return to in NY, although she
claims that "someday" she may return to that state.
She wants to file as a NY resident - using the son's address - and not
file at all in VA, since NY does not tax pension income, but VA does.
I maintain she must file as a Resident of VA, having lived there an
entire year and may need to also file a Non-Resident return in NY
should the NY condo show a taxable profit.
Is that accurate? From this thread, I learn that she may qualify as a
Resident of both NY and VA? Is filing solely as a NY Resident - and
not filing in VA - a possible scenario?
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<< to this newsgroup as well as our anti-spamming policy >>
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Posted by Bernie Cosell on February 21, 2008, 7:42 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?
I see that this is a complicated area and it is time for me to check with
both VA and NY lawyers. Probably a key determinant, which i didn't want to
mention up front [which is why I had quotes around some of the words in the
OP] is that my dad is in a nursing home, and what i guess I was really
wondering is whether the nursing home is now his 'legal residence' or if
his residence is with me. [as someone mentioned, I am, in fact, doing all
of his recordkeeping, paying his bills, his assets, such as they are, are
registered at my address, I have a PoA for him, etc]. From the comments it
appears that, indeed, the nursing home is his "residence" now [which is
fine, just means, for example, I'll be dealing with four tax setups instead
of just two [most of you know that in addition to New York State taxes,
there is also a New York _City_ income tax!], but time to get a more solid
legal opinion....
/Bernie
--
Bernie Cosell Fantasy Farm Fibers
bernie@fantasyfarm.com Pearisburg, VA
--> Too many people, too few sheep <--
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Posted by Stan Brown on February 22, 2008, 7:26 am
Please log in for more thread options Thu, 21 Feb 2008 07:42:39 -0500 from Bernie Cosell
> my dad is in a nursing home, and what i guess I was really
> wondering is whether the nursing home is now his 'legal residence'
> or if his residence is with me.
My sympathies for your position. It must be difficult to have a
beloved parent in care several hundred miles away from you.
Legally, though, I don't see that this is so complicated. Where did
he live before he went into the home? If it was New York, then he has
no residential connection with Virginia. If it was Virginia, I'd
still bet dollars to donuts that his legal residence is New York
because that's where he sleeps each night.
> in addition to New York State taxes,
> there is also a New York _City_ income tax!
You know, I imagine, that you can get forms on line at
http://www.tax.state.ny.us/forms/default.htm . I don't believe you
have to file a separate form for NYC tax -- as far as I can recall
there are extra lines on the state form for city residents. But of
course that's something you'll want to check on your own.
> I'll be dealing with four tax setups instead of just two
I don't understand. He has no earned or unearned income in Virginia
and he doesn't live there. Why would Virginia taxes enter into it?
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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