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Tax Tips for U.S. Americans Abroad

Do US Expats Need to File New York State Taxes?

Do US expats need to file New York state taxes? Possibly. One thing for sure though, is that all US Citizens and green card holders are required to report their worldwide income to the IRS regardless of where they live and work (just see this post to learn more about that).

If you are no longer domiciled (meaning, you don’t consider yourself to have a permanent home in New York or elsewhere in the states that you will return to if your job contract expires) read on. If you still are domiciled in the state of New York, you will most likely need to file a state return every year!


us expats must file new york expat taxes
Statue of Liberty (Liberty Enlightening the world) near New York and Manhattan.

Here’s a simple tax guide that helps you determine whether you need to file New York state taxes:

Did you live in New York for any part of the year?

  • Yes: You will need to file as Part-Year Resident, skip down below
  • No: Continue on

Did you earn any New York sourced income during the year?

  • Yes: File as Non-Resident, skip down below
  • No: You don’t need to file

The IRS wants you to have a good moral character to do what is required as a US citizen. As a New York Resident, you must file a state tax return to file a federal tax return. You also must pay tax on your worldwide income no matter where it was earned.

Additionally, you have to file New York state tax return even if you did not have to file a federal return but your federal adjusted gross income for 2018 plus New York additions was more than $4,000 ($3,100 if single and can be claimed as a dependent on another taxpayer’s federal return).

If you were a Non-Resident of New York State, you are subject to New York State tax on income derived from New York State sources. 

If you were a resident of New York State for only part of the tax year, you are subject to New York State tax on all income you received while you were a resident of the state, and on income, you received from New York State sources while you were a nonresident. 


New York Sourced Income

  • Money/income earned while you worked physically in New York State (i.e. any income including normal salary from your non-US employer) while on a business trip to New York.
  • Or income earned from physical property located in New York (i.e. rental income from your old New York home). 

Here are other New York Income Sources here


New York Specific Filing Details

If you are a Part-Year Resident: New York will tax your income from all sources earned or received while you were a New York resident.

If you are a Non-Resident: New York will tax only your income from New York sources. Plus, you do not need to file a return if your New York adjusted gross income is less than your standard deduction. So, that’s not too bad.

New York City has a separate income taxes in addition to those collected by the state. The city’s tax rates range from 3.078% of taxable income to 3.876% for top earners.

Permanent residents of New York City must pay the New York City personal income tax in addition to the state income tax. If you lived in NYC for only part of the year, you will be taxed based on the number of days you lived in the city. And if the cost of living in NYC was a reason for you to move abroad – we understand! NYC, for example, has one of the highest costs of living in the world.


Expat Tax Benefits

Which expat tax benefits does New York State allow? 

Moving Expenses: Yes

Foreign Earned Income Exclusion: Yes

Foreign Tax Credit: Yes, limited to taxes paid to Canadian provinces


A lot to process?

The information we shared on whether US expats need to file New York state taxes is a lot. So don’t panic if you can’t understand it all! Taxation and finance are our things, which is why we like to talk about it in our blogs.

Whether you are a green card holder or American abroad, we at MyExpatTaxes can help you out. Let us work with your state tax filings in an affordable way. Click here to sign up for our app, and get ready for a smooth ride!

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8 Comments

  1. Avatar Charles Kane on March 14, 2020 at 3:56 pm

    I’m planning to leave New York city and retire to Portugal this year. How do I get New York State to stop taxing me when I move abroad,. Also, do you have any info on Portugal’s changes to the Non Habitual Resident program. It says they will tax my worldwide income 10%, including US social security, which will be the bulk of my income. How will dual tax treaties work in relation to this new 10% tax that I was not expecting to pay.?

    • Markus Markus on March 25, 2020 at 9:01 pm

      Hi Charles,

      You’ll be required to file a state return as long as you have income sourced from the state of NY. If you’re filing with us, we’ll be checking existing tax treaties to reduce your tax burden as much as possible!

  2. Avatar Patricia Kelly on April 6, 2020 at 6:56 am

    I have also moved to Portugal from NYS. I will have to give up my NYS driver’s license in order to obtain a license in Portugal. How will I file taxes electronically if I no longer have a valid NYS license required for security reasons?

    • Markus Markus on April 7, 2020 at 8:25 pm

      Hi Patricia,
      You can e-file with us, no problem.

  3. Avatar Jen on April 16, 2020 at 9:45 am

    hoping you can help as you seem so knowledgable on this.

    A couple of quick facts –
    My husband and I got married August 2019
    He moved from NYC to London October 2018
    I moved to from NYC to London October 2019
    My husband is British with a US green card
    I am American with a UK residence permit

    We have been told that he needs to pay new york city and state tax on HIS income from 2019 when he was working soley in the UK even though he only worked 2 weeks in NYC. The reasoning is because I worked in NYC that year and we got married and since he moved from NYC within a certain timeframe. We can’t believe this is the case. We know we will have to pay US taxes since he is a green card holder but paying NY state and city tax for him we think is crazy. Can you help us right this?

    • Michelle H. Michelle H. on April 18, 2020 at 7:01 pm

      Hi, of course, we can. It’s best you go through the app.myexpattaxes.com/ and create an account so we know exactly what is going on. I can tell from the brief things you told us, that for the most part, it will depend on how NY determines his residency status. Please see our blog here: https://www.myexpattaxes.com/do-us-expats-need-to-file-new-york-state-taxes

      So we’ll help determine if we can see if he qualifies as a part-year resident only, so he will only pay NY state/city taxes on his NY sourced income.

      Hope that helps!

  4. Avatar Maddy on May 13, 2020 at 6:33 pm

    Hi,

    I just moved from NYC to Dominican Republic in January of this year. I was working remotely there and I’m doing the same work I was when I was living there. Do I still have to pay state taxes? Or is there a way that allows me to only pay the federal taxes?

    • Michelle H. Michelle H. on May 14, 2020 at 9:33 am

      Hi Maddy,
      If you lived in New York for any part of the year you will need to file as Part-Year Resident via the MyExpatTaxes app. New York will tax your income from all sources earned or received while you were a New York resident.

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