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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.


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