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Would someone please confirm something for me?

My brother moved to Virginia a few years ago after retiring from the NYPD.

He's been forwarding his paperwork to a NY tax preparer every year but now he wants to find someone here in the VA area. My brother has been hesitant in trying to find a local Virginia tax preparer because he doesn't think they'll know about claiming his NY Pension on NY state forms.

My question: Is it correct that as long as my brother is receiving his NY pension that he has to complete the NY Non-Resident or Part-Year Resident Form (Form IT-203)?

This just seems wierd that for the rest of his life, even though he has no intention on returning to NY, that he has to file that form!
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It is my understanding that so long as you move out of state after retiring (no part-time residency) your ex-state has no right the pension

The kicker as I undestand it, is that a NYPD pension is tax-free in NY and NYC but fully taxable i VA.

SJ
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My question: Is it correct that as long as my brother is receiving his NY pension that he has to complete the NY Non-Resident or Part-Year Resident Form (Form IT-203)?

No. The Feds had to crack down on states that were trying to do this several years ago. (NY and CA were two of the biggest offenders.)

Retirement income is taxable in the state of residence, not in the state where the retirement was earned.

I would amend any open years with NY and remove the pension as taxable to NY. This might also entail amending the VA returns if he claimed a credit for taxes paid to NY. NY tax rates are pretty high, so the refund from NY should be larger than the additional taxes to VA. But I wouldn't expect there to be a large difference.

And for 2006 and forward, no NY return should be needed unless he moves back to NY.

--Peter
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The Feds had to crack down on states that were trying to do this several years ago. (NY and CA were two of the biggest offenders.)

I think VA was one of them also. Something about source income taxes?

~~ Alison
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Would someone please confirm something for me?

My brother moved to Virginia a few years ago after retiring from the NYPD.

He's been forwarding his paperwork to a NY tax preparer every year but now he wants to find someone here in the VA area. My brother has been hesitant in trying to find a local Virginia tax preparer because he doesn't think they'll know about claiming his NY Pension on NY state forms.

My question: Is it correct that as long as my brother is receiving his NY pension that he has to complete the NY Non-Resident or Part-Year Resident Form (Form IT-203)?

This just seems wierd that for the rest of his life, even though he has no intention on returning to NY, that he has to file that form!


As has already been posted by others, if his NYPD pension is the only "tie" he still has to NY, he shouldn't be filing anything with NYS. His pension is tax-exempt as a NYS resident (not applicable here) or taxable to his resident state, but not NY, if he is not a NYS resident.

Perhaps, there is some other reason why he still has to file a NY return.

Ira
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Thanks all! Since he's moved to Virginia my brother has been having his taxes prepared by a NY accountant. (Neither he nor his wife are the turbotax kind of folks)

My brother is now decided to find someone locally here to prepare his taxes and I'll give this information to him to ask his new tax preparer about.
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