Question: If I am physically present in New York for less than 183 days, am I still a statutory full-time New York State resident?
Answer: No, not necessarily. You may very well be considered either a part-time or non-resident of New York. An issue would arise if you spend 184 or more days in New York and maintain a principal place abode. In general, a permanent place of abode is a residence (a building or structure where a person can live) that 1) you maintain, whether you own it or not and 2) that is suitable for year-round use. This was relevant in a recent case in the New York State of Appeals that reversed a previous decision on New York’s statutory residence test. The court noted that while the statute does not define permanent place of abode, “nowhere in the statute does it provide anything other than the ‘permanent place of abode’ must relate to the taxpayer.” In addition, because the law was intended to tax individuals who are, in essence, “residents” of New York, the court found it irrational to conclude that taxpayers may be subject to tax as statutory residents if they don’t use the dwelling as a “residence.” This is reference in the court case of John Gaied vs. the New York State of Appeals.
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