Part Time resident - Sullivan county

[bobFLaNY]

Hi All, My primary residence is Florida, I have a Florida concealed carry permit, since last year I've been living part time in NY to take care of my father so I'd like to carry in NY. From what I've read it sounds like a part-time resident can now obtain a unrestricted permit, or at least be able to bring my weapons with me when I travel back and forth. When we go back this spring I start getting part-time residency established, register a car and my bike, utility bills, etc., my father had my name put on the property deed so I assume that will prove I have ownership in NY.
Can anyone shed some light on the process to obtain that permit ?
Since I have taken the CWP class in Florida do I need to re-take the class in NY ?


Thanks!

 

[nogods]

I'm not familiar with the Sullivan County process, but note that a part-time resident of New York needs to file a NYS tax return and pay tax on all income (wherever it is earned) that you have during the time you are a residing in New York.

Moreover, if you spend more than 183 days in NYS then you will be deemed to be a statutory resident and liable for NYS tax on all your income for the entire year.

In counting days within and outside New York, a day is treated as a New York day if any part of the day is spent in New York. Thus, if a person living in Sharon, Conn., drives across the state line to Millerton, N.Y., for a cup of coffee and spends a total of 30 minutes in New York, that day will be treated as a New York day for day-count purposes.

The department views the word ‘‘permanent’’ as relating to the nature of the residence and not the taxpayer’s use of it. The only structural exclusion is for ‘‘a mere camp or cottage, which is suitable and used only for vacations.’’6 A house or apartment that is not a camp or cottage is treated as a permanent place of abode even if it is in fact used only for vacations.

Link Removed

I have represented lots of people who left NYS many years ago. They kept a home or an apartment in NY to use while visiting relatives. They stopped filing NYS tax returns. Several years later (there is no statute of limitations on making an assessment for a non-filed tax return) NYS sends them a letter to their last know address purposing an assessment based on their federal tax returns. They ignore the letter. Eventually it becomes a judgment which then gets transferred into a judgment in their new state. A bank account gets levied upon in their new state. That's when they call someone like me to try to fix the problem for them.

Now they have to try to prove how many days they were not in New York from several years ago. A very difficult task.

It would be better to file a non-resident tax return showing no NYS income, because the state then generally only has 3 years to audit the return.

 

[bobFLaNY]

yikes ..... thanks for the info, just curious but since I live in Florida and New York income tax people have no idea I exist what would trigger New York to decide to need to file ?

 

[apvbguy]

Hi All, My primary residence is Florida, I have a Florida concealed carry permit, since last year I've been living part time in NY to take care of my father so I'd like to carry in NY. From what I've read it sounds like a part-time resident can now obtain a unrestricted permit, or at least be able to bring my weapons with me when I travel back and forth.



Thanks!

it will never happen!

 

[cgiven1]

To qualify for a carry permit as a non-resident you have to have your primary employment in NY or own property in the state. Otherwise you won't get it. So don't even try bringing your weapons with you. You will end up in prison or losing thousands on you legal defense.


Sent from my iPad using Tapatalk

 

[nogods]

yikes ..... thanks for the info, just curious but since I live in Florida and New York income tax people have no idea I exist what would trigger New York to decide to need to file ?

This: "When we go back this spring I start getting part-time residency established, register a car and my bike, utility bills, etc., my father had my name put on the property deed so I assume that will prove I have ownership in NY"

The tax department will match that info in 5 or 6 years, then eventually send you a notice of proposed assessment for the unfilled tax returns. You can challenge the proposed assessment, but you need to keep records to prove that you were not in New York for less than 183 days per year, and then you have to show what potion of your income was earned while you were not in New York state. It is much easier to follow the law, file the part-time resident return, and cut off the state's ability to change it after the 3-year statute of limitations.
Once upon a time, state tax officials relied on the sports pages and celebrity magazines to see when well-known higher-earners came to town for work. (Yes, even the taxman reads Us Weekly.) For everyone else, it was largely a “don’t ask, don’t tell” world, says James W. Wetzler, the former tax commissioner for New York State, because it was not cost-effective for states to monitor every bricklayer and lawyer crossing a border.


“We tried to preserve a reasonable balance,” said Mr. Wetzler, now a director at the firm Deloitte Tax. “We wanted to avoid imposing onerous burdens on people just for us to collect small amounts of revenue.”


But now states have greater access to data warehouses that help them better track taxes owed. Real estate transactions, federal data from the Internal Revenue Service, commercial license plates, traffic tickets, bids for government construction projects — all this information, newly digitized and dumped into a computer system, can help states find tax scofflaws.

States Look Beyond Borders to Collect Owed Taxes

 

[nogods]

To qualify for a carry permit as a non-resident you have to have your primary employment in NY or own property in the state. Otherwise you won't get it. So don't even try bringing your weapons with you. You will end up in prison or losing thousands on you legal defense.


Sent from my iPad using Tapatalk

All that is required is a "residence" - that dos not mean "property ownership." Renters are residents too.

Rights of Part-time New York Residents Affirmed

The pistol permit issuing office could even request a waiver from the applicant to allow it to check his or her New York state tax record to see if the applicant has been filing tax returns as a part-time resident. If not, the permit officer could either conclude that the applicant is not really a part-time resident because he or she has not filed the tax returns required by law, or that the applicant is not qualified to have a permit because they are are violating the tax law. Either way, the permit gets denied.

 

[BC1]

You surely need to think about tax consequences. NY income tax and property tax are vey high.

 

[ladiesman217]

Pretty much no chance and i believe Sullivan county will issue only a permit to carry ur gun to and from the range or hunting for the first 5 years. U would need to get a ny license and full time residence and wait the 6 plus months with a breath of till hell freezes over while u wait. Im from Ny and if the could they would disarm Law Enforcement as well.

 

[SR9]

New York does not honor any other states permits. The city of New York does not allow any carrying of gun (with or without a permit) at all. New York is not a shall issue state. It will cost you a lot of money and time to get a NY permit, if you can get one at all, even as a new resident. Best thing would be to take you parent to Florida, and sell their property , IMO.