Who is required to file a New York Income Tax Return


The general rule

The general rule is if you are required under federal law to file an income tax return, you are also required to file aNew York income tax return. To know whether you are required to file a federal income tax return, you may need to speak to a New York Tax Attorney.


Benefits of filing a return even when not required

Even if you are not required to file a federal income tax return and hence, not required to file a New York income tax return, it will still be to your advantage to file a return both for your federal income tax as well as for your NewYork income tax.

Filing a return is documentary proof of the income you earn.  This is proof of your credit worthiness when you apply for a loan or when you apply to purchase a house or a car on installments.


Filing a return will also enable you to claim tax refunds or tax credits for any tax over-payments which were withheld from your income.  If you do not file a tax return, you will not be able to prove the over-payment in the taxes withheld and so, you will not be able to provide proof of your claim.


New York residents

Taxpayers who are residents of New York must file a state income tax return (Form T-201) if they are subject to minimum income tax and if they are claiming a tax refund of income taxes withheld from their pay; or when they are claiming carryover tax credits.  If you are a resident of New York for only a part of the year, you do not need to file a state income tax return.  If you had moved to New York State on any day other than January 1 or moved out of the state on any day other than December 31, then you are a resident of New York for only a part of the year — you do not need to file a state income tax return.


Non-residents of New York

If you are not a resident of New York state but you receive income from New York state sources and that income from New York exceeds the standard deduction under New York income tax law, you will need to file an income tax return (Form T-203).

If you are claiming a tax refund from New York state, New York City or Yonkers, and if you are claiming refundable or carryover tax credits, you need to file a return.  If you are subject to the state minimum income tax on income derived from New York sources, you will need to file a return.


Residents of New York for only part of a year

You must also file a return on income sourced from New York. You must file a Form T-203.  You must file areturn if you are subject to state minimum income tax derived from sources in New York; if you are filing a tax refund or tax credit for overpayment of taxes in New York.


Deadline of filing

The deadline of filing your New York income tax return is on April 15th.  If you are unable to file your return on time, you may ask for an extension of time to file your return by filing a request for an extension.  You may do this online.  You may ask a New York Tax Attorney not only to prepare your New York income tax return but also apply for an extension to file your return.  The extension is automatically granted and it lasts for five months.


There is one condition for the granting of the extension to file the return – you must fully pay the estimated tax balance due when you make the request for an extension to file your return. You must also file your request for an extension of the time to file the return prior to the deadline on April 15.  Any request for extension which is filed after the deadline will be invalid.


Consequences of late filing of return or late payment of tax

If you file your return beyond the deadline or pay the taxes due beyond the deadline, you will be charged interest as well as penalties. If tax remains unpaid, then it continues to incur more penalties and interest.  Also, the state of New York will initiate civil enforcement actions against you.  It will be in your best interest to file your state income tax returns early and if you cannot prepare your return on time, it would be best to seek the help of aNew York Tax Attorney to prepare your return and to apply for an extension of time to file your return.


We at the Maxwell Law Firm, PLLC assist clients with filing tax extensions, tax return preparation, amendments, tax collection defense, tax settlements, and other services. If you need assistance please feel free to call us at 718-701-0095 to discuss your options.