- Proposed Amendments to Rules Governing Tax Exemptions Under RPTL Section (J) | NYC Rules
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Renting an apartment for two years will subject you to NYC resident taxes, whereas short-term stays in a hotel or furnished apartment for only a few months will not. Non-resident commuters get off scott free. There are countless cases you can read online about taxpayers trying every angle to avoid domicile or statutory resident designation.
Are you really going to save much? States rarely abate penalties. You have to prove your residency and you need to cobble together an assortment of different methods to do it, including: Easy Pass records for driving over toll roads, bridges and tunnels; credit card and ATM transactions; cell phone tower records if you can get them; and internet access through IP tracking to your server if you can get this complex information; landline phone records.
Also, some smartphone apps track your daily GPS whereabouts, but they often crash or have cessation of service. One famous hedge fund manager fought with NYC over just one day, as it would tip the balance to cause residency and trigger a NYC tax bill of tens of millions of dollars. Consider an example of a married couple interested in exiting from the NYC tax regime.source
Proposed Amendments to Rules Governing Tax Exemptions Under RPTL Section (J) | NYC Rules
The husband recently converted from being an employee to an independent contractor reporting Misc. For several years, the couple traveled to their country home outside of NYC on weekends. They raised their family in NYC in a large condo which they purchased decades ago. How can they rebalance their lives to exit the NYC tax structure? This couple may be tempted to tweak their work and lifestyle a bit, spending more nights in their country home vs.
Downsizing to a small NYC apartment is not enough. After moving to Florida for a few years, they can get a place of abode in NYC again. At that juncture, they can probably safely claim a domicile change to Florida. Hyatt Frank v. Gaos Gamble v. United States Garza v.
Idaho Gundy v.
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