Dual state residency -- how do I make it work?

amother

Mon, Sep 19 2022, 3:32 pm

We are thinking of moving out of Brooklyn, and looking for a community that would be a good fit for us. From some feedback that I received both on this site, as well as IRL, it seems that NJ may be a better fit for us than NY. However, we have some important reasons to keep our NY residency, including access to health care by City doctors that may not be available to us if we become NJ residents (I checked our plan, and it would be complicated).

We have a vacation home in NY, and we are wondering if it would be possible to designate it as our primary residence, while our potential home in NJ would be secondary. I researched online, and it looks like we would have to spend less than 183 days a year living in NJ, in order to maintain our NY residence. How does that work in reality? If we get utility bills in both states and do banking in both, does it really matter? Would any officials visit us in person and count the amount of days we spend in each location? Sounds technical and in a way, absurd.

During the pandemic, many people who had a second home got away and spent more time at their vacation home. And that trend continues even now for some who have the privilege of working from home.

I wonder if anyone is familiar with this and can guide me perhaps. Also, is this a conversation to have with our account? attorney? Or both?

amother

Mon, Sep 19 2022, 6:32 pm

Bump

amother

Lightyellow

Mon, Sep 19 2022, 6:40 pm

You'll most likely end up paying a fortune in taxes

amother

RosePink

Mon, Sep 19 2022, 8:05 pm

amother Lightyellow wrote:

You'll most likely end up paying a fortune in taxes

Not necessarily, for tax purposes you have one resident tax state and you get a credit for taxes paid to non resident states.

OP sounds like she’s taking about proofing residency for purposes other than tax.

Della

Mon, Sep 19 2022, 8:11 pm

You should speak to an accountant and or attorney. Some basic questions would be if you have children where they would attend school, where are your cars registered, drivers license voters registration etc.

amother

Saddlebrown

Mon, Sep 19 2022, 8:12 pm

If you manage to figure this out keep in mind there may be downsides to keeping insurance (if Medicaid) in NY. You’d only be able to use NY pharmacies, you couldn’t get any other services at home like (if ever needed) home health care. DME would need to go to your NY address. Etc

amother

Bottlebrush

Mon, Sep 19 2022, 8:15 pm

Wouldn’t fool around
Not worth it
Follow the law about your prime residency
You don’t want an issue with the IRS
And taxes vary per state
Talk to an attorney and your CPA

amother

Mon, Sep 19 2022, 11:40 pm

amother Saddlebrown wrote:

This is very helpful. I did not think of it.

Not trying to get out of paying taxes. Just trying to keep our medical coverage while also finding a community that would be a good fit for us. A hard combination...

amother

Saddlebrown

Tue, Sep 20 2022, 12:04 am

amother OP wrote:

I totally hear that. I’m a hospital social worker at a major NYC childrens hospital. We see this quite a bit. Usually it’s fraudulent. But even. If you do it legit there are downsides. We see a lot of them up close.

amother

Oldlace

Tue, Sep 20 2022, 1:07 am

6 months plus one day in your resident state, the rest in your secondary residence.

amother

Bottlebrush

Tue, Sep 20 2022, 3:00 am

Understand your dilemma!
Just a heads up regarding the requirements and potential consequences
Ignorance is not bliss
Good luck!