New York’s highest court narrows class of statutory residents — good news for some out-of-state owners of residential property

By Diana Erbsen

New York tax law provides that a person who is in New York state for more than 183 days (in whole or in part) in a year and maintains a permanent place of abode in New York is a statutory resident, subject to tax on all income, regardless of that person’s place of domicile.

On 18 February 2014, in John Gaied v New York State Tax Appeals Tribunal, the New York Court of Appeals (New York’s highest court) held that a person who spends more than 183 days in New York can be treated as a statutory resident of New York only if that person maintains a permanent place of abode in New York in which he or she has residential interest.

All of the income of a statutory resident, whether New York source or not, is allocable to New York, so this decision has a potentially enormous impact on non-New Yorkers owning or thinking about purchasing residential property in New York…

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