Press Room: Article

October 04, 2011

Form Over Substance: New York’s Mechanical Approach to Residency

In the past few months, the Tax Appeals Tribunal (TAT), New York’s administrative adjudicatory branch for tax cases, has issued two decisions that signal a shift in NY State Tax Department’s approach to determining residency and the TAT’s willingness to support it.

The department’s shift to a “form over substance” approach for determining residency significantly increases the risk of being subject to tax on all income (no matter from what source) for non-residents that own a second home in New York.

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