NY dual residency as a graduating college student
I've finished my undergraduate degree in May 2024 in a university within New York, and started a graduate degree at the same university in NY in August. I'm domiciled in different state for which I am a resident for under their law.
NY residency rules states that if I have a permanent abode in NY and stay there for >184 days, I need to file as a full-year resident in NY, but has an exception for full-time undergraduate students under TSB-M-09(15)I here: https://www.tax.ny.gov/pdf/memos/income/m09_15i.pdf.
Do I still apply for this exception as someone who was an undergrad for half of the tax year, or do I also have to file as a full-year resident for New York as well?
Answers
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Hello kztax,
According to the copy of the TSB-M-09(15)I you shared above includes the definition of full-time student as "an individual who is carrying a minimum courseload in a baccalaureate program of 12 hours per semester for at least two semesters, or the equivalent, during the tax year."
You indicated that you graduated in May which would mean that you would generally not qualify as a full-time student for NY Income tax purposes since you were only enrolled in a baccalaureate program for one semester.
You may want to contact a local tax professional to ensure that you are interpreting the NY tax laws correctly.
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Because it says "at least two semesters," would it be feasible to that they were referring to the entire duration of my undergraduate career (which was eight semesters), and not only the portion during the tax year? If this were the case, I could file the part-year resident form for my graduate semester.
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From the way I understand it, if you take out "or the equivalent", it would read "an individual who is carrying a minimum courseload in a baccalaureate program of 12 hours per semester for at least two semesters....during the tax year."
In my mind, the two semesters are in reference to a calendar year.
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