Community Forums

Nasdaqsam · 06-20-2019, 05:43 AM

Quote:

Originally Posted by twinboat

I am a Fl. resident and have 3 boats and a trailer registered in NY.

I have Fl. plates on my MH, car and pickup. Got stopped twice and no one said I needed NY plates after 90 days.

Ok sounds like I can keep that stuff registered in NY. Thanks

Nasdaqsam · 06-20-2019, 05:46 AM

Quote:

Originally Posted by hohenwald48

States are struggling. Free stuff has to be paid for by someone. Full time RV'ers are probably easy targets for state tax departments. Be vigilant and keep records and be careful where you get your resident fishing license.

We are definitely going to start a log book with receipts. I'm actually not a fisherman I dive the lake often so thankfully no license required.....yet.....lol

wnytaxman · 06-20-2019, 07:19 AM

Quote:

Originally Posted by Nasdaqsam

That's great advise thank you. It should be easy enough to document as this is actually what we will be doing. We will not have any NY income, no rentals etc. except the DW's state pension which is not taxed anyway. Good paper makes good friends.

Couple of questions, regarding registrations. We have 3 vehicles, an RV, several boats with trailers. We will only be using two of the vehicles in FL and all ready have them registered and insured there.

1) Can we leave one vehicle registered in NY for our summer home? I have been pulled over with our Florida registered Jeep in NY and told if we are in the area for more than 90 days we have to register it in NY.
2) Our boats will remain in NY as that is the lake we will be using it one when there for the summer, is that ok?

Thanks

As others have said, you shouldn't have an issue with leaving NY plates on the one vehicle and Florida plates on the others. We have a ton of snowbirds as clients and your situation is not that uncommon. Your car and boats are "resident" in NY so you shouldn't have an issue. Just be careful with any paperwork you fill out for NYS to make sure you do NOT say you are a resident.

Enjoy your retirement and don't worry about NY. With very little in a connection to NYS you shouldn't have an issue. It doesn't sound like they would have much of a reason to chase you. Other state residency audits that we have gone through were for some pretty big numbers and the state did have a reasonable doubt as to their residency.

Gumpster808 · 06-20-2019, 07:59 AM

Quote:

Originally Posted by grindstone01

That's not really true in the real world sense. We camp host in different states for 2-3 months at a time and we have never been approached about the 30 day residency. Now if you buy/own some property and return on a yearly basis, then you may attract that states attention tax wise.

The other item to take into account is if you are “working” in the state for the 30 day rule.

Back when I did consulting work some contractors would have to work from their home state for a while periodically before coming back to keep from the state wanting income tax on earnings while here.

wnytaxman · 06-20-2019, 08:19 AM

Quote:

Originally Posted by Gumpster808

The other item to take into account is if you are “working” in the state for the 30 day rule.

Back when I did consulting work some contractors would have to work from their home state for a while periodically before coming back to keep from the state wanting income tax on earnings while here.

That 30 day rule doesn't necessarily apply to each state. Where the states have really picked up a ton of revenue is on professional athletes. For example, let's say a football player makes $16 million a year and one of his away games in here in Buffalo. The State of NY now has him on the line for $1 million of income. He would probably have been here less than a week but the state gets their pound of flesh.

If you work at all in a state as an employee, you will be taxed in that state. A self employment situation may be a different issue but that depends on whether or not that income is reported to the state in which it is earned. If the income is reported to the state in which it is earned, then you MAY hear from them. I say may because it does depend on the state.

Nasdaqsam · 06-20-2019, 08:43 AM

Quote:

Originally Posted by wnytaxman

As others have said, you shouldn't have an issue with leaving NY plates on the one vehicle and Florida plates on the others. We have a ton of snowbirds as clients and your situation is not that uncommon. Your car and boats are "resident" in NY so you shouldn't have an issue. Just be careful with any paperwork you fill out for NYS to make sure you do NOT say you are a resident.

Enjoy your retirement and don't worry about NY. With very little in a connection to NYS you shouldn't have an issue. It doesn't sound like they would have much of a reason to chase you. Other state residency audits that we have gone through were for some pretty big numbers and the state did have a reasonable doubt as to their residency.

Sounds good. Thank you for the input.

zigzagrv · 06-20-2019, 01:11 PM

Quote:

Originally Posted by MO Fred

Exactly! And..... if you leave your high tax state and come to mine, please don’t bring your voting habits with you that caused the problem in the first place.

RIGHT ON! This is what IS happening in my part of my state.

minnow · 06-21-2019, 07:24 PM

Quote:

Originally Posted by wnytaxman

We have gone through a number of NY state residency audits and, although they are not pleasant, they are not the end of the world. The key to leaving NY is just simply one of documentation. You need to prove that you were not in the state more than 183 days per year. If you pay little or no NY income tax then they have no reason to chase you.

One of the kickers to this 183 day rule is the way a day is counted. If you are in the state at ANY time during the day it is counted as one day. For example, if you land in NY at 11:59 PM on Monday and leave on 12:01 AM on Tuesday, you have been in the state for two days.

We had one audit that was particularly contentious. The auditor had the client provide three years of credit card statements. His logic was priceless. He found a charge on June 1 in Florida. No credit card charges on June 2. Then there was a charge on June 3 in Florida. The auditor tried to state that the guy was in NY on June 2 because he had no charges in Florida on that date.

The audit was contentious because the guy had a business in Florida which made a very large profit. He also had real estate holdings in NY which required him to file non-resident returns in NY. That's why they started to chase him. It's all about the money.

How we finally won on this one was by obtaining the cell phone records from Verizon which showed which tower the guy was using for his cell phone calls. Bottom line is that he was in NY less than 90 days.

Guilty until proven innocent.

Your client should start deducting his monthly cell phone bills as the phone is needed to prove residency.