New York Residency: Hot Topics and Nuts and Bolts Audit Issues (Currently Unavailable)

Author: Timothy Noonan, Andrew W. Wright, Emma M. Savino, Kristine L. Bly, Hodgson Russ LLP

The New York State Department of Taxation and Finance has the most advanced and aggressive residency audit program in the nation. Auditors are constantly on the hunt for revenue by pursuing non-residents for New York taxes. With the pandemic this year requiring many people to work from home, tax season will particularly complicated for many taxpayers and practitioners. These impacts will surely be felt in future personal income tax audits conducted by the Department of Taxation and Finance.

With the loss of the SALT deduction as part of the 2017 federal tax reform, more taxpayers are attempting to leave New York than ever before. Consequently, there continues to be a great deal of New York audit activity in the residency area. A working knowledge of how New York's complex residency rules work is absolutely critical for tax practitioners, business owners, executives, and other professionals that deal with tax issues for high net-worth individuals. This two-hour CPE webinar will help you understand the rules, requirements, and issues in working through New York's residency tests and associated personal income tax issues, as well as the potential New York tax consequences for taxpayers working from home during the COVID-19 pandemic.

Timothy Noonan, a highly regarded New York tax practitioner and co-author of the New York Residency and Audit Allocation Handbook, will moderate a discussion amongst his colleagues, Andrew Wright, Emma Savino, and Kristine Bly, that will include a practical review of the residency fundamentals in New York, helpful insights into the audit process gained from years of experience handling New York residency audits, and best practices for advising clients on changing residence and successfully defending those changes on audit.

Issues around the COVID-19 pandemic will make the 2020 tax year even more complicated for New York taxpayers whose claimed moves may have been impacted by the pandemic or who were required to work for New York employers from their homes outside New York during the pandemic. How will the Tax Department approach the practical impacts of the coronavirus on taxpayers claiming change of domicile? How should nonresidents of New York allocate wage income? Does the convenience rule apply to taxpayers required to work from home? These are just some of the questions that will be addressed during this course.

Publication Date: June 2020

Designed For
All CPAs, enrolled agents, tax return preparers, tax attorneys, and other practitioners who prepare New York returns and/or are responsible for preparing multistate returns for clients or advise on cross-border tax issues or disputes.

Topics Covered

• Overview of New York Residency Rules, Part 1: Domicile
• Overview of New York Residency Rules, Part 2: Statutory Residency
• COVID”19 and Residency
• Nonresident Allocation Issues

Learning Objectives

• Describe New York's residency domicile requirements
• Identify key issues facing New York residents and nonresidents and strategies to defend positions in case of audits
• Recognize how to advise on clients on income allocation as a result of the COVID-19 pandemic
• Describe the five domicile factors
• Recognize exceptions for day counting as it relates to statutory residency

Level
Basic

Instructional Method
Self-Study

NASBA Field of Study
Taxes (2 hours)

Program Prerequisites
None

Advance Preparation
None