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Special rules If a nonresident employee was not initially expected to work more than 14 days in New York State during the calendar year, but does in fact work more than 14 days in New York, the employer is required to withhold on all New York State wages paid after the 14th day.
Residents Who Spend More than 183 Days in New York Any individual who maintains a permanent place of abode in New York must keep adequate records showing he or she did not spend more than 183 days in New York during the tax year.
All city residents' income, no matter where it is earned, is subject to New York City personal income tax. Nonresidents of New York City are not liable for New York City personal income tax. The rules regarding New York City domicile are also the same as for New York State domicile.
The 10-Month Rule. . The law contains the ?substantially all of the year? test, and the Tax Department historically interpreted that as a period of time that exceeds 11 months. As of 2022, the Tax Department policy defines ?substantially all of the year? as a period exceeding 10 months.
You maintain a permanent place of abode in New York State for substantially all of the taxable year and spend 184 days or more in New York State during the taxable year, whether or not you are domiciled in New York State for any portion of the taxable year.
It shall be presumptive evidence that a person who maintains a place of abode in this state for a period of at least ninety days is a resident of this state." To live in a house, a home, an apartment, a room or other similar place in NY State for 90 days is considered "presumptive evidence" that you are a resident of ...
To non-residents, living in the city for less than half the year means you won't have to fork out the cash to cover personal income tax, even if you have a residence there. The bad news is that unless you're well-off or own two homes, this is difficult to achieve and impossible for most people.