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Confused about my residency! Accounting perspective needed.

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  • Confused about my residency! Accounting perspective needed.

    We love it here in DC(can afford much better quality of life - walking to work, brand new luxury apartment/building, awesome area with tons of shopping out the door, I even found some decent food) and thinking of possibly staying a little longer.

    Wondering what our tax situation will be and residents of which state are we?

    Officially, right now DH is on travel for 179 days. He is being paid by his organization in NJ, considered to be working in NJ, NJ takes out taxes from his paycheck. (and NY, as our primary residence is there).
    He is getting reimbursed for our accommodations here, as he would be if he went on travel for just a few days, just at lower rate. Gets reimbursed for other things too - parking, some food allowance, etc).
    DC is nowhere in his pay stubs or anything at all as far as his job is concerned.

    The only apartment we own is in NYC, and we are paying mortgage and maintenance on it while it is sitting empty.

    If we stay a little longer, it would be under the same arrangement. - employed in NJ, considered on a business trip.

    I am still working in NY, still being paid in NY. (first maternity leave, than annual leave). but officially, while I'm on annual leave I'm working, getting paid, getting benefits, etc.) all in NYC. Not connected to DC in any way either.

    While we are under 179 days, our residency is clear. After, I'm not sure in a situation like that where we are residents. It is not so clear cut at all. And if we declare that we are residents here, we could not receive travel reimbursement, and without that we would not be able to afford to live here (as we still have to pay for NYC apartment, and can't stay here without being reimbursed for one of them).

    Any accountants familiar with situations where business trip extends to more than 180 days a year?

  • #2
    Depends on state and company. My DH had to file another state income tax because his company declared it after 14 days there. Sigh. Oh well. Anyway I didn't know that but turns out it's their policy. He spent 30 days in the other location. Turns out we get a nice NR refund from that state for overpayment.

    I'd say residents of NY unless you wanted to move.
    LivingAlmostLarge Blog

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