Two ways New York can treat you as a resident

How day counts work

For the 183-day test, being in New York for any part of a day generally counts as a New York day, with limited exceptions such as passing through on the way elsewhere. And it's on you to prove where you were. Auditors commonly review credit card statements, phone records, E-ZPass data, calendars and travel records.

Protecting yourself when you move

If you're under audit

Residency audits are document-heavy and can cover several years. We organize the evidence, reconstruct day counts, represent you with the New York State Department of Taxation and Finance, and work toward the best supportable outcome.

Frequently asked questions

What is a New York statutory resident?

Someone domiciled outside New York who maintains a permanent place of abode in the state for substantially all of the year and spends more than 183 days there. Statutory residents are taxed like full-year residents.

Does any part of a day in New York count?

Generally yes. For the 183-day test, presence in New York for any part of a day counts as a New York day, with limited exceptions such as travel through the state.

I moved to New Jersey. Can New York still tax me?

Yes, on New York-source income such as wages for days worked in New York, and potentially as a resident if New York concludes you didn't change your domicile or you meet the statutory residency test.

How far back can a residency audit go?

Typically the open years for assessment, often three years from filing, but longer if returns weren't filed or income was substantially underreported.