Kearny, NJ asked in Tax Law for New York

Q: See detail.Is it illegal for her to use 2 address? Is it legal to use PA address while living in NY?Any further problems

I live in NY & My wife is from PA. We both live & work in NY now. She own a house in PA & she's been using her PA address everywhere except on our medical insurance since my insurance only cover dependent who lives in NY. She used our NY address for the insurance. All her other address are under her PA house. She goes and stay at PA 2-3 times a month since her parents live there at her house. So she's 60% in NY and 40% in PA. Is it illegal for her to use 2 address? Is it legal to use PA address while living in NY? Will we have any problems in the future with IRS or any gov't agency? Help

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1 Lawyer Answer

Matthew Frank Medaglia

Answered
  • Tax Law Lawyer
  • Staten Island, NY
  • Licensed in New York

A: As to the insurance contract, the question would be what the insurance contract says. Does it define what living in NY means? It may have a percentage of time or just say that the person needs to be a resident. As she spends more than 50% of the time in NY, she could be considered an NY resident. Having the house in PA and using that address for everything does create the potential issue of her being treated as a resident of both states for taxes. This will most likely increase the amount of taxes she has to pay overall. If she gets an NY drivers license and starts using the NY address, then that would show a desire to permanently change her domicile to NY and lessen the multiple taxing states issue.

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