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Scbang 11-24-2020 10:32 AM

Moving from NY to TV
 
Hi, I read all about what to do to become a Florida resident. But I have not read anything about what paperworks are needed in NY state. If you have moved Domicile from NY to FL, could you share that info? If you did, did you get any notification from the NY state? How long did it take to complete the process of becoming FL resident?

Thanks in advance.

dewilson58 11-24-2020 10:35 AM

Some info:


Changing New York State domicile status to Florida (or any other state) :: Connecticut Tax Attorney Goldstein Jones

Scbang 11-24-2020 10:56 AM

Thanks for the info but my question really is by notifying NY state, it might cause for them to audit me. If I do everything required in FL and do nothing in NY, maybe it's better and NY does not notice my move other than I no longer file NY state tax return.

dewilson58 11-24-2020 11:02 AM

Quote:

Originally Posted by Scbang (Post 1865131)
Thanks for the info but my question really is by notifying NY state, it might cause for them to audit me. If I do everything required in FL and do nothing in NY, maybe it's better and NY does not notice my move other than I no longer file NY state tax return.

This is not advice.
>When you file your last State return, some write "Final Return" across the top.
>Unless you are a significant tax payer, odds of audit is extremely small.
>Important to track days out of NY

Malsua 11-24-2020 11:03 AM

Quote:

Originally Posted by Scbang (Post 1865131)
Thanks for the info but my question really is by notifying NY state, it might cause for them to audit me. If I do everything required in FL and do nothing in NY, maybe it's better and NY does not notice my move other than I no longer file NY state tax return.

When I stopped working in Manhattan, NY hounded me for 3 years to file Tax Returns. Then they went back 3 years and sent me bills for "re calculated" taxes. They got me for around $50 for each prior year except the final year. I had worked 9 months in Manhattan and when we re-did the taxes for that year, NY owed me $40 or so. When we filed for it, they claimed it was beyond the statute of limitations. See how that works? I owe them forever, but after 3 years, they can't owe me.

I despise NY. My NJ house is 3 miles from the border and I refuse to go there unless absolutely there is no other way.

All I can say is document everything because those money grasping jackals are going to make you prove everything.

tophcfa 11-24-2020 11:45 AM

Make sure you change your health insurance to Florida, or NY (or any other state) will forever hound you for taxes. You are considered a resident of the state where you get your health insurance. I guess if you are 65+ and are on Medicare that is a different story since it is a federal program. Our desire to have access to our doctors in Massachusetts has kept us from being able to change our primary state of residency to Florida. Before Obamacare it used to be that you just had spend 183+ days per year in a state to claim it as your primary residency.

dewilson58 11-24-2020 11:57 AM

Quote:

Originally Posted by tophcfa (Post 1865159)
You are considered a resident of the state where you get your health insurance..


FYI. With my companies, all health insurance was out of Iowa and our employees were residents of other states including: Georgia, Minnesota, Missouri, Ohio, Texas, North Carolina & Illinois. We are Florida residents and have health insurance from out of state.




:shrug:

Stu from NYC 11-24-2020 12:58 PM

I would also close any bank accounts located in NYS.

kathyspear 11-24-2020 01:03 PM

Quote:

Originally Posted by tophcfa (Post 1865159)
You are considered a resident of the state where you get your health insurance.

No. That is NOT correct. The concept of domicile is much more complicated than that.

kathy

Nanny32162 11-24-2020 01:10 PM

Quote:

Originally Posted by tophcfa (Post 1865159)
Make sure you change your health insurance to Florida, or NY (or any other state) will forever hound you for taxes. You are considered a resident of the state where you get your health insurance. I guess if you are 65+ and are on Medicare that is a different story since it is a federal program. Our desire to have access to our doctors in Massachusetts has kept us from being able to change our primary state of residency to Florida. Before Obamacare it used to be that you just had spend 183+ days per year in a state to claim it as your primary residency.

We still have our employer-based health insurance in New York State. We are full-time Florida residents and this has NEVER presented a problem with either New York State, nor health care providers in Florida. The ACA has nothing to do with this issue, it is on your insurance company. My husband has BC/BS of Western New York, and we don't have to be residents of New York State. Your insurance provider may be telling you that, not any government office.

Nanny32162 11-24-2020 01:14 PM

Quote:

Originally Posted by Scbang (Post 1865116)
Hi, I read all about what to do to become a Florida resident. But I have not read anything about what paperworks are needed in NY state. If you have moved Domicile from NY to FL, could you share that info? If you did, did you get any notification from the NY state? How long did it take to complete the process of becoming FL resident?

Thanks in advance.

As a former proud New York State resident, the simple answer is that you don't have to do notify NYS. New York State will know when you no longer file State Income Taxes, if the state needs to find you they can.

Scbang 11-24-2020 01:31 PM

Quote:

Originally Posted by Nanny32162 (Post 1865206)
As a former proud New York State resident, the simple answer is that you don't have to do notify NYS. New York State will know when you no longer file State Income Taxes, if the state needs to find you they can.

Thanks guys.. I will have some rental incomes even after so it won't be final when I file non-resident tax return also with NY property taxes. And with electronic filing, I do not know I can write FINAL electronically. Anyway, I got the gist of it. Thanks.

BTW, did anyone ever had to go thru with NYS audit? Did you need lawyer/CPA if you did?
I am just preparing for the worst possible situation..

manaboutown 11-24-2020 01:39 PM

Quote:

Originally Posted by Scbang (Post 1865215)
Thanks guys.. I will have some rental incomes even after so it won't be final when I file non-resident tax return also with NY property taxes. And with electronic filing, I do not know I can write FINAL electronically. Anyway, I got the gist of it. Thanks.

BTW, did anyone ever had to go thru with NYS audit? Did you need lawyer/CPA if you did?
I am just preparing for the worst possible situation..

I did many years ago. Long story. It took some legal research and good solid arguments on my part and I ended up forking over something like $17.72.

Scbang 11-24-2020 01:57 PM

Quote:

Originally Posted by manaboutown (Post 1865217)
I did many years ago. Long story. It took some legal research and good solid arguments on my part and I ended up forking over something like $17.72.

Did you have professional help or did it all by yourself?

manaboutown 11-24-2020 02:01 PM

Quote:

Originally Posted by Scbang (Post 1865227)
Did you have professional help or did it all by yourself?

I did it all by myself. I was a freshly minted NY lawyer and had literally just passed the NY bar. Although I was an intellectual property attorney my best grade in law school was in a tax class. It did take some appeals. I had some case law on my side which I cited to them. The head guy finally said OK, you win except for a very minor ($17.72) matter and invited me into his office for a cup of coffee.

If you own rental property you probably have a capable CPA who will know how to handle your change of domicile/residence, file nonresident tax returns and so on. You can probably find a lot written about how to insure your change of residency is solid as well as how to maintain it as you may be visiting NY to manage your rental properties and visit friends and family. A lot is written on this subject. You are not the first person from NY or other high tax state moving to FL or other state having low or no personal income tax.

dewilson58 11-24-2020 02:05 PM

Quote:

Originally Posted by Stu from NYC (Post 1865198)
I would also close any bank accounts located in NYS.


National Banks........no need to close.


Local bank or Credit Union................not a big thing to maintain.


I would close out a NY lockbox.

Scbang 11-24-2020 04:05 PM

Quote:

Originally Posted by dewilson58 (Post 1865237)
National Banks........no need to close.


Local bank or Credit Union................not a big thing to maintain.


I would close out a NY lockbox.

I don't have a lockbox but I had my credit union for 30 years and pay my bill thru it everyday. It will be a pain to enter all those recipients again.
Never need to visit the branch because most business is done thru internet. I don't know why its critical if I don't visit them and have no lockbox.

dewilson58 11-24-2020 04:08 PM

Quote:

Originally Posted by Scbang (Post 1865289)
I don't know why its critical if I don't visit them and have no lockbox.

agree, that's why i said: not a big thing to maintain.

manaboutown 11-24-2020 04:13 PM

I just found this which may be helpful to the OP. It appears a NY residency audit can be onerous.What To Expect In A Residency Audit | New York Residency Audit Guide: Hodgson Russ LLP

tophcfa 11-24-2020 05:19 PM

Quote:

Originally Posted by dewilson58 (Post 1865167)
FYI. With my companies, all health insurance was out of Iowa and our employees were residents of other states including: Georgia, Minnesota, Missouri, Ohio, Texas, North Carolina & Illinois. We are Florida residents and have health insurance from out of state.




:shrug:

Good point, if you get your insurance through a company/employer it’s not an issue. However, if you are retired but not yet old enough for Medicare, you have to buy your Obamacare health insurance through the state exchange that is the state of your primary residence. Unfortunately, that is our scenario. Even if we do all the usual things like spend over half our time at our Florida home, change our voter registration, drivers licenses, bank accounts, mailing address, etc...., none of it matters as long as we still buy our insurance through the Massachusetts Health Connector (the Obamacare state exchange). I am in no hurry to get any older, but one silver lining to reaching 65 will be that we can become Florida residents and still have access to our doctors in Massachusetts. We can’t wait to get the Florida homestead exemption and not pay any state income taxes!

Scbang 11-24-2020 06:21 PM

Quote:

Originally Posted by manaboutown (Post 1865291)
I just found this which may be helpful to the OP. It appears a NY residency audit can be onerous.What To Expect In A Residency Audit | New York Residency Audit Guide: Hodgson Russ LLP

Wow, it reminds me of the people NYC went after for maintaining an apartment in Manhattan while living in Hampton and commuting by helicopter..

HIgolfers 11-24-2020 06:26 PM

Quote:

Originally Posted by Scbang (Post 1865215)
Thanks guys.. I will have some rental incomes even after so it won't be final when I file non-resident tax return also with NY property taxes. And with electronic filing, I do not know I can write FINAL electronically. Anyway, I got the gist of it. Thanks.

BTW, did anyone ever had to go thru with NYS audit? Did you need lawyer/CPA if you did?
I am just preparing for the worst possible situation..

Friends of mine who live outside Boca Raton went thru a NYS audit a few years ago. (He's a retired doc- very well off). They did alone but it was a paperwork hassle. They kept meticulous records of every day they spent outside NY because they knew NYS is strict on this. I can remember my friend saying No we cannot all get together on a certain date in NY because they would exceed their max number of days in NY.

Their biggest gripe was NYS would ask for certain documents, my friends would provide, then 2 months later, different docs were requested. This went on for months. Multiple requests for documents. Death by a thousand cuts. Eventually they were cleared and owed nothing (no doubt beacuse of their good record-keeping!)

manaboutown 11-24-2020 07:32 PM

As pointed out in the information contained in the link I provided NY is even tracking when and where one's cell phone is being used, toll roads driven, credit cards used and more. CA is tracking all this on an attorney I know of who moved to TX. His wife wanted to keep their home in CA so she could spend some time there. He is a high end litigator making big bucks all over the country and CA considers him still a resident and wants a piece of his entire action.

manaboutown 11-24-2020 07:38 PM

It is not just income tax. Some states want taxes from one's estate, as well, and results sometimes are not pretty. A past president of Campbell Soup ended up paying estate taxes to both PA and NJ. John Thompson Dorrance - Wikipedia

tophcfa 11-24-2020 07:52 PM

Quote:

Originally Posted by manaboutown (Post 1865351)
As pointed out in the information contained in the link I provided NY is even tracking when and where one's cell phone is being used, toll roads driven, credit cards used and more. CA is tracking all this on an attorney I know of who moved to TX. His wife wanted to keep their home in CA so she could spend some time there. He is a high end litigator making big bucks all over the country and CA considers hims still a resident and wants a piece of his entire action.

Good information, I don’t know what I hate more, how everything we do is electronically tracked, or how the irresponsible tax and spend states won’t keep their greedy hands out of our pockets.

Art cov 11-24-2020 10:25 PM

Congrats on getting out of NY! There’s a great exodus as some people from the north east are coming to their senses. Sure the money is there, but just not worth it. Amazing to me the loyalty that many have to those states, and won’t leave. Some are choosing a better quality of life and exhausted from paying all the taxes. Enjoy!

bluecenturian 11-25-2020 06:54 AM

Not really sure what you may be looking for but as far as the tax return, we sold our NY home in October 2018 and moved in with relatives in NJ until we closed on our Florida home just prior to the new year. I was still employed by NYC government until July 2019. We filed a NY return for 2018 and a partial year resident for 2019. Have not heard anything from NYS regarding an audit. However, I did hear Emperor Cuomo has said about auditing anyone who loves out of NYS for the prior 10 years, not sure that would be constitutional.

As far as paperwork in FL, just bring your NY license to FL and they will give you a FL license in about 20 minutes. For Florida homestead rebate on your taxes you can not own a home anywhere else and you must be a FL resident for a full year (Jan 1) prior to being eligible to receiving the homestead. So close on your home in December not January otherwise you have to wait another full year.

bluecenturian 11-25-2020 07:00 AM

That is not true. I am retired and have government insurance through NYS as a retired employee. They can not claim you are a NY resident because you have insurance based out of NY. Primary residence is what you claim on your federal return. If you own a home in NY or NJ you are required to file a partial year return and claim how many days you reside in the state and your tax is based on that. Don’t own a home and you are not a resident.

bowlingal 11-25-2020 07:31 AM

turn in your plates when you get Fla insurance and Fla plates. A forwarding address with NY post office for your mail. Filed NY State income taxes ( Florida has no state income tax) and federal income tax in Fla ( federal is federal filed anywhere in the US). I did need my NY accountant to file NY State income tax the first partial year. After that, I got a Fla accountant. Good luck!

PompeyKing 11-25-2020 07:34 AM

We moved from NY to The Villages in April of this year. We closed our ez-pass account and mailed the transponder back to NY. Yes, it will be a small expense, but felt good to cut that tie. We signed up and use SunPass which can be used in states up north. You will need to complete a form to turn in your NY plates. I used UPS and mailed my plates back along with the form. Again, you will have a small expense but it was a great feeling to close that part of my old NY life. We expect to file our final NY tax return for the first 4 months of 2020. Welcome to The Villages, clean and green!!

noslices1 11-25-2020 07:42 AM

I moved from California in August 2010. Been in Florida ever since and never saw a tax bill from California for the first half of 2010. Even if I did, I wouldn’t pay it.

dewilson58 11-25-2020 07:47 AM

Quote:

Originally Posted by bowlingal (Post 1865466)
Filed NY State income taxes ( Florida has no state income tax) and federal income tax in Fla ( federal is federal filed anywhere in the US).

Federal is NOT filed any where.
You do NOT file Federal Income Taxes in Florida.

Mail to TX or NC.


Where to File Paper Tax Returns With or Without a Payment | Internal Revenue Service

Rsenholzi 11-25-2020 08:15 AM

First , when you change the registration on your car vehicle to Fl plates , you must send your plates back to NY. The same with your drivers license. It is illegal to keep both and also alleviates all problems that others are stating . Once I did that everything else fell into place. Next , you need to contact the Post office to forward all your mail. Next you need to contact every company you deal with of your new address. Retirement system/ company, Health insurance, credit cards , drs, banks, annuities/stock companies, cable( due to the final bill) , phone, oil/ electric ( due to final bill, water ( again final bill) etc. ( don’t forget anyone and do it for everyone you ever get snail mail from - I suggest making a list and checking it twice, lol. ) including friends not on your fb page if you use that. This is the paper trail you will need in order to live. Good luck

rphil11ort 11-25-2020 08:24 AM

i just got here xmas day. if you own a house in NY and have the Star deduction you need to get a letter from the county tax collector stating star is removed. Other than that standard stuff. If registering you car down here don't just move your car insurance over get other quotes. When i tried to do that with Liberty Mutual after 33 years my car insurance went from $1500 to $3600. Got it from a good company for $1000.. Welcome to TV

DAVES 11-25-2020 08:44 AM

Quote:

Originally Posted by Scbang (Post 1865116)
Hi, I read all about what to do to become a Florida resident. But I have not read anything about what paperworks are needed in NY state. If you have moved Domicile from NY to FL, could you share that info? If you did, did you get any notification from the NY state? How long did it take to complete the process of becoming FL resident?

Thanks in advance.

We too are ex-New Yorkers you will be shocked at how easy and painless it is. We did it about 8 years ago. The people, in the government office, at the back of the Pinellis Library were knowledgeable, helpful and friendly-far different than doing this sort of thing in New York. Time? We had it all done, including a Florida drivers license, voting registration, resident tax in about an hour and a half.
New York-we sold our home EIGHT YEARS AGO. A year or so ago I was called for jury duty in New York. My letter was claimed not received. It cost me about $6.00 for a return receipt letter to the bureaucrats.

rstruski 11-25-2020 08:53 AM

I believe you need to notify NYS board of elections.

DAVES 11-25-2020 09:03 AM

Quote:

Originally Posted by Rsenholzi (Post 1865496)
First , when you change the registration on your car vehicle to Fl plates , you must send your plates back to NY. The same with your drivers license. It is illegal to keep both and also alleviates all problems that others are stating . Once I did that everything else fell into place. Next , you need to contact the Post office to forward all your mail. Next you need to contact every company you deal with of your new address. Retirement system/ company, Health insurance, credit cards , drs, banks, annuities/stock companies, cable( due to the final bill) , phone, oil/ electric ( due to final bill, water ( again final bill) etc. ( don’t forget anyone and do it for everyone you ever get snail mail from - I suggest making a list and checking it twice, lol. ) including friends not on your fb page if you use that. This is the paper trail you will need in order to live. Good luck

Old school perhaps but we still use paper checks. You mention water bill etc. I was amused that our NY water company turned us over for collection. We had a cancelled check showing the bill was paid with a note on the back close account bill paid in full and a note sent with a copy of the final bill.
Went on and on. Now I find it amusing how pathetically stupid paid company representatives are. Wasted a lot of my time. But, it is finally resolved and I have a letter, that I insisted on showing they have been paid in full. These companies have a computer run of bills not paid. Rather than investigate, they turn you in to a low life
bulk collection agency. You are forced, unpaid, to do their work and prove you paid the bill

FredJacobs 11-25-2020 09:06 AM

Quote:

Originally Posted by Nanny32162 (Post 1865206)
As a former proud New York State resident, the simple answer is that you don't have to do notify NYS. New York State will know when you no longer file State Income Taxes, if the state needs to find you they can.

I moved from NY to FL and didn't notify anyone except friends and family. To establish Florida residency simply change your drivers license to Florida. They will keep your NY license, register you to vote and notify the NY Board of Elections that you are a Florida resident. As far as NY State taxes are concerned, you probably will have to file a NY Part Year resident form - (IT-203). Your NY tax will be prorated for the time spent in NY.

cassjax2 11-25-2020 09:35 AM

When I moved here in 2004 from WA state all I did was get a FL drivers license. Why would you need “paperwork” to prove residency?? I did have to give them my WA state license at the time. It’s really a very simple process.

Scorpyo 11-25-2020 09:37 AM

Quote:

Originally Posted by Scbang (Post 1865131)
Thanks for the info but my question really is by notifying NY state, it might cause for them to audit me. If I do everything required in FL and do nothing in NY, maybe it's better and NY does not notice my move other than I no longer file NY state tax return.

Really it doesn't matter what you do or don't do you never know what NY will do. I left NY years ago and moved to GA. 6 years after that move I received a bill for unpaid taxes from NY for over $6,000. I guess it didn't matter to NY that the W-2's showed GA.
Fortunately I was an anal retentive accountant and had all my tax information for the year in question showing I was a resident of GA and paid taxes there. That took care of the issue. So the best advice I can give you is keep your documentation just in case some NY state tax "professional" doesn't do their job correctly.


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