# State Tax Return Confusion



## Phuster (Apr 12, 2015)

Hello all,

It's that time of the year again. Being this my second time filing my tax return from abroad and first time filing after only earning income abroad, I have a question in regards to state tax returns. 

The most recent state I was a resident of was NYS, until 09/11/14, when I moved to Sweden. I had a tiny bit of income that year so I filed fed and state. However, this year all of my income is Swedish and I've lived here the whole year, aside from 17 days to see the folks.

Do I need list my state as NY and do it as a non-resident, or can I just skip it all together?



Side note:
My taxes are very simple. One income source, no investments yet, no wife, no kids, no deductions at all really. Is there any tax software that'll let me file for free with a foreign address and with me using the Foreign Income Credit?

Regards,
Giovanni


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## Bevdeforges (Nov 16, 2007)

Phuster said:


> Side note:
> My taxes are very simple. One income source, no investments yet, no wife, no kids, no deductions at all really. Is there any tax software that'll let me file for free with a foreign address and with me using the Foreign Income Credit?


We're in the process of trying to figure that out. Try the "Help me find Free File software" wizard on the IRS website https://www.irs.gov/uac/Free-File:-Do-Your-Federal-Taxes-for-Free and see what it comes up with. 

But be sure to check the details for the suggestions - I tried the wizard and got only two responses. One of the two would NOT let you file a form 2555, which kind of eliminates that vendor. But several of the vendors this year have age limits and AGI limits (which could be a problem, since your AGI is with your foreign earned income already eliminated).

OK, on the state question - as long as you don't maintain a residence any more in New York, I would simply not file a state form this year. (How would you have done it if you had moved from New York to, say, Florida? It's more or less the same thing.) Things can get "sticky" if you are maintaining a presence in your "home state" - usually property, investments, driving license, etc. But if you are genuinely residing now in Sweden, I'd just assume you don't have to file NYS any more. (And if they have other ideas, they'll be in touch...)
Cheers,
Bev


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## Phuster (Apr 12, 2015)

I appreciate the quick response.

Maintaining a residence is where i'm not sure about the wording. It's not like I told the state I was moving. I didn't own property, but my address was always set to my parents address, which still exists. Is it enough that I've set Sweden as my address the last time I filed my taxes?

Regards


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## Bevdeforges (Nov 16, 2007)

Actually, you shouldn't have to worry about using your parents' house as a mail drop. Residence is supposed to be determined by a whole bunch of things, including your maintaining things like your driver's license in the State, and being still listed on the potential list of jurors "back home." It also helps if you haven't spent much time in the State during the last year. Having a long-term visa and/or a residence permit for Sweden should more or less "prove" things should anyone ask. (But with any kind of luck the issue will never come up.)
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

FYI, New York explains its definition of residence for income tax purposes here.

In 2014 you were likely a part-year New York resident. Did you file your 2014 state return that way?


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