NYS and NYC Residency AuditsNew York City and State Tax Controversies

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Many people own residences in the State of New York. But not all of these people are considered New York State residents for tax purposes.


A New York State resident must pay tax to New York State on all income; a non-resident only pays State tax on income earned from a source within New York State. Therefore, it’s in the best interest of the New York State Tax Department to classify a taxpayer as a full- or part-year resident of the State. The Department sometimes conducts residency audits to determine a taxpayer’s New York State residency.

In the course of a residency audit, the auditor will apply a number of tests to attempt to prove a taxpayer’s domiciled or statutory residency in New York State. The burden of proof is on you, the taxpayer, to prove that you are neither of these two types of New York State resident. This process involves the compilation of highly personal information, and it can feel like your privacy is being violated. You’re effectively being asked to provide a detailed accounting of where and how you spend your time!

In addition to State residency audits, New York City residency audits may also be conducted.

Our attorneys have helped numerous taxpayers through the residency audit process and can assist in making it go more quickly and favorably.

Fill out the form below or call us at 646-326-9971 for a free in-office consultation.

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Bradley R. Bailyn, Esq. , Founder

Bailyn Law provides comprehensive legal and advisory services in the fields of bankruptcy and out-of-court debt workouts. We serve companies and individuals who wish to restructure their businesses or their finances to improve liquidity and increase profitability. We also advise creditors seeking to protect their legal rights and economic interests.

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The Bailyn Law Firm, P.C

 

6301 Mill Lane
Brooklyn, NY 11234

 

One Rockefeller Plaza, Tenth Floor
New York, NY 10020



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6301 Mill Lane Brooklyn, NY 11234

One Rockefeller Plaza, Tenth Floor New York, NY 10020

THE BAILYN LAW FIRM, P.C.