Tax Powerô U.S. Tax & Business Advisory Services and Solutions

Home / Up / Our Team / Tax Terms / Search Page / Tax History / Why Pay Tax / Tax Problems / Contact Us / Fees & Policies / Fee Payments     


Andy Powers-A Professional who cares..About YOU!

Expatriate Tax Questions
U.S. Expatriates
Foreign Nationals
Tax News
How The ACA Affects Your Taxes
Why Choose Powers
Standard Approach
Individual Taxes
Business Tax
Employment Issues
Small Business
Public Realtions & Marketing
Business Management
U.S. Constitution
US Economic Survival
Due Diligence
IRS Denying FEIE to U.S. expats
Foreign National US Tax Guide
2012 OVDI
Tax Court Limits IRA Rolloves
Taxpayer Scam and Identity Theft





News for New York Snowbirds

NYS announced on January 16, 2009 their amendment to the definition of a permanent place of abode for determining who is a NY tax resident. No longer can someone say they are a resident of Florida or some other non tax state and avoid NY taxation as a resident by claiming that their NY home was a temporary living accommodation where they stayed less than 183 days per year.

Effective January 1, 2009, a person (other than someone who qualifies under the 450/548 day foreign country rule) who maintains a place of abode in NY that contains facilities normally found in a regular dwelling (other than a camp or cottage which is clearly only suitable for temporary vacation usage) for  substantially all of the year (usually defined as 11 months) and spends 183 days or more in NY will be considered as being a NY resident for the entire year and subject to NY tax on all income from all sources both in and out of NY.

For example, letís assume that you own a house or condo in NY in which you live 190 days a year while also owning a place in Florida where you spend the remainder of the year. You get a Florida driverís license and vote in Florida, clearly establishing domicile in that state. However, as you now have a permanent place of abode in NY pursuant to the new definition (IE you maintain it for substantially all of the year even though you donít live in it) all earned and unearned income from worldwide sources are taxable in NYS, with of course, a credit for taxes paid to other states which if you live in Florida would be none.




Copyright © 1999-2015 IRS CIRCULAR 230 NOTICE:  To ensure compliance with recently enacted U.S. Treasury Department regulations, we hereby advise you that any and all tax information contained in this website should not be considered as tax advice nor intended for the use of any taxpayer for the purpose of evading or avoiding tax penalties that may be imposed pursuant to U.S. law. Furthermore, the use of any tax information contained in this communication has neither been written nor intended for the purpose of promoting, marketing, or recommending a partnership or other entity, investment plan or arrangement to any taxpayer, and such taxpayer should seek advice on the taxpayerís particular circumstances from an independent tax advisor. The information contained throughout this web site is provided without charge, and although all efforts have been made to ensure the reliability of the information contained in this internet web site, the information contained herein should be used for general understanding only and should not be relied upon exclusively as the basis of any tax or financial decisions or for any positions taken on any tax return. Advice should only be obtained directly through the retention of a competent tax advisor. Tax Power is an established trademark of Powers & Company, Inc. and Powers Tax Services since 1999. Unauthorized use of the phrase Tax Power without expressed permission of Powers & Company, Inc. will be prosecuted to the fullest extent of the law. Last modified: January 15, 2015 The articles, guides and published information contained in this website is protected by U.S. copyright laws and cannot be reproduced in any form without the expressed permission.

       Visitors since January 1, 2010   Hit Counter