New York Elder Law Attorney
Many former New York residents are enjoying being north for the summer, escaping the heat and humidity of Florida or other warm climates to visit with family and friends. If you’re a snowbird, you need to be mindful of your activities and how long you stay visit, lest you be deemed a resident of New York – which is always happy to return taxpayers to its revenue rolls.
The New York State Department of Taxation and Finance offers some helpful information. You may think you’re covering your bases by counting the days — 184 days or more in New York State makes you a taxpaying resident — but that’s not all you need to be aware of.
New York State hates to lose taxpayers.
If you want to claim Florida or any other state as your residence, you’ll need to be prepared to make your case when the New York State tax collector comes calling. The state looks at many different factors, not just the number of days you’ve been waking up in New York.
Belonging to a house of worship or country club with an annual membership in New York could make you a resident, regardless of whether or not you have similar memberships in another state.
Being active in a community group, especially if you serve in a leadership capacity, could also be considered a mark of where you really live.
These kinds of residence indicators are considered by the state when determining your taxpayer status. So are factors like where you vote, where your cars are registered and insured and where you do business, if you are still working.
Don’t Neglect Your Estate Plan During Extended Visits
We hope you brought your estate planning documents with you when you travelled, because we never know when they are needed and it’s best to have them on hand. However – if the documents were prepared in another state, you’ll want to be sure they are valid in New York.
Our office includes New York and Florida residents, so we often prepare estate planning documents for people needing to be protected in both states. There are differences you may not be aware of. If you don’t have a Power of Attorney that meets New York State law, it may be worthless in an emergency. The solution is easy: have the documents reviewed to be sure they will work when you need them.