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NY and NJ Residencey


mrichman333

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I have a married couple that live in NJ but the husband says he is a NY resident. Hum.  He receives pension income and the 1099R has his NY address on it and a NY State Payer no and state distribution.   However NJ wants it's share because I have been filling him as a NJ resident and NY nonresident

 

His wife is a NJ resident and works in NYC.

 

I do not believe he spends 183 day at his NY residence. but he says his "Other Guy" filled him as a NY resident and it saved him money.

 

So I admit I am a bit confused how to work this

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File it correctly or let him walk.  Don't let him turn his problem into yours.  Plus, the 'other guy' might have done it that way 'before' based on mis-information he provided, but that was then, this is now, and you have to go with the facts you know.  

 

I've done a little research and discovered that he has put himself in the position where both NY and NJ can consider him a resident for tax purposes.  I called him and told him of my findings.  That shut him up. 

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