Do You Get One Every Year Too?

[MsTabbyKats]

I HAVE had a few nexus residence audits and the position is, if you have a home in nyc [owned or leased] unless you rent it out you are a resident. there is an attorney that lectures on this all the time and she has built a practice in fighting these cases. the only way to move out of nyc if you work there is to get rid of your city home. this is a city issue not state since for example if you actually reside n NJ then you pay nys on your wages and get a NJ credit so for state purposes there is very little effect but add in the city 4.3% and you get screwed.

If you live in NYC you pay NYC tax. If you don't want to pay NYC tax, you move out of NYC. Nothing complicated.....

Like every state...if you live in a state...but work and pay tax in another state...you get a credit for the tax you paid in the other state by your home state.

All of those people pouring in to NYC every morning from NJ....get a credit for paying NYS tax on their NJ returns because they pay NYS tax...as do those from PA & CT etc But they don't pay NYC tax. All of the people pouring in from "other areas" of NYS...pay NYS tax only.

[jainen]

>>over the line<<

I may be, I admit. I don't know the individual circumstance.

But I do know--and expect--that clients are very stressed by audit letters. Obviously since the issue is the preparer's work product, the client may question that in a stressful way. If a tax practice is not set up to handle audits, or a particular audit, the client should be referred to a qualified practitioner. In my opinion a client should NEVER be instructed to handle an audit on his own. In the original post, that is what happened and the ethnic comment came in response to that, not the other way around.

[MsTabbyKats]

So...just got this:

I resolved the residence issue for

2013 with a request for a letter

from my wife's employer stating

NYC taxes were taken out in error.

For 2013 I will file as a single (divorced)

and as a NYC resident as I applied

for food stamps on 1-2-13 . I think

the Westchester address has come

to a halt and I don't want to push the

envelope and incur a penalty of fraud

and back taxes. Sorry for my lashing

out at you as being unemployed and

getting separated from my wife has

caused an extreme amount of stress.

By next year February 2014 I probably

will call you for a simple tax return

with the aforementioned information.

LOL...my husband did say he'd come back. I told you...my clients love me.

[joanmcq]

And he admitted as much to committing fraud by using a fictitious Westchester address (I think you mentioned parent's address earlier?). That set off alarm bells for me. And now since he has to apply for food stamps he'll admit to NYC residency. I'd throw this one off the bridge.

[MsTabbyKats]

He has had multiple wives, girlfriends etc...lots of living situations....since I know him. I don't think he ever really put down roots. The Westchester address wasn't fictitious. It's where his mommy lives, and he grew up. The current and almost ex-wife has a Westchester address. I'm sure his drivers license is still at mommy's. Again...he never invited me for dinner. I don't know where he sleeps, The Bronx (NYC street address) that was on the letter to the Dept of Labor was the first NYC address I ever saw for him. Otherwise it was all a PO Box in the city or the Westcheter address at mommy's.

You know, I'm not the "tax police". I go by what is presented to me on paper.

It was the obnoxious hostility that's making me throw him off the bridge.

[jainen]

>>I go by what is presented to me on paper.<<

I'm uncomfortable about pursuing this; it might be too delicate a subject. But there is no more fundamental aspect of my job than filing with the right taxing agency. The great guide to getting along with the tax police, Circular 230, says we can accept whatever the client just says--as long as it's complete and consistent. Obviously a PO box is not complete support for residency, and it may not be consistent with other paper such as a W-2 or charity receipt.

I appreciate that your clients, like this one, have long-term loyalty. And I know that none of us can achieve that without a sympathetic ear, and occasionally even a deaf ear. But really, you could have taken care of this for him with a 5-minute call (not counting the time running the speaker phone on hold, of course).