• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tax law and legal residences

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

newyork646

Junior Member
What is the name of your state?I live in New York (both state and city).

I'll try to make this brief. I lived for a year in an apartment in Brooklyn with my sister; both of our names were on the lease. This was the address I used for all purposes -- tax, banks, student loans, etc. I moved last fall and now sublet from a friend who lives in a co-op in Manhattan. The story with her is that the apartment's owner is letting her stay there while he lives abroad. She pays the monthly maintenance fee, and while the co-op board did not agree for her to be there, they consented to her presence (along with her two kids) because they prefer them to be there than to have an empty apartment (these are lofts; an empty apartment means an entire floor is vacant). I moved in because she could use the money and I wanted to live in Manhattan. I pay her monthly in cash.

She does not want me to receive mail at the co-op because she does not want the neighbors to have evidence that I live there. She has recently had immigration problems but finally received her green card, so I know that she uses this apartment as her official address, without problems. When I moved, I opened a PO Box in Manhattan and then kept my Brooklyn address on record at all of the places that ask for a permanent address. In other words, I didn't do a change of address anywhere unless it was for a change of mailing address.

I did change my permanent address at my bank to the Manhattan address, for a reason I can't remember. But, I have since changed it back to the Brooklyn address, so that everything is consistent while I figure this out. I submitted my taxes online last spring with the PO Box only -- they only ask for a mailing address, after all, and this is also the address on file at my job. However, the bank did submit my savings account for taxation with the Manhattan address.

I am still registered to vote and, recently, eligible for jury duty in Brooklyn. I know it is against the law to lie on the juror registration form, but the documents they requested for the change of address were simply not documents that I have (or could have for another year -- for one, they require a tax form with the new address). The Brooklyn address is also on my driver's license.

The lease has expired on the Brooklyn apartment and my sister is paying month to month, so I suppose there is no longer evidence that I live there. I am planning to apply to graduate school and this, along with my recent juror registration (not summons) notice, is making me really wonder about what to do and which address to list officially. I don't want to have any tax or legal trouble. I'm a little worried about the bank having submitted the Manhattan address, which will not match any other addresses I have on file.

I am basically comfortable changing everything to the Manhattan address, although I feel uninformed about why this is or is not a good idea. I would really appreciate some advice about the wisest thing to do now that I've gotten myself into this situation. If I don't change anything, is there any reason why the IRS, the State and City governments, and the like will know that I'm no longer at the Brooklyn address (I know I'm still listed there because I recently voted there)? The only "evidence" is that my bank reported the Manhattan address on my last taxes. I'm also confused because it seems reasonable that the Brooklyn address could be my permanent address and my Manhattan address a temporary one -- which it basically is. There's no proof that I pay my friend to live with her; to an outside observer, I could be staying free of charge for a brief time. I am largely worried about the situation because the building I live in now is a co-op, and not a regular apartment building.

I know that my lack of knowledge about this specific co-op's rules and regulations is keeping me from making this decision, and I don't expect you to have this knowledge, either. This should not have a bearing on the position of the IRS, though, correct?

I'd appreciate any advice on the situation. Thank you very much.
 


Snipes5

Senior Member
Seriously. Why does it matter?

The IRS doesn't care where you live as long as you pay your taxes. People move all the time, some as often as 10-20 times a year.

The state of New York may care where you live, but only so they can properly tax you. Since both Brooklyn and Manhattan are in NYC, that doesn't matter either, unless they have specific tax rates by borough.

I personally think you are making a mountain out of a molehill.

99% of the time, the government couldn't care less where you live.

Snipes
 

newyork646

Junior Member
Thanks

Snipes,

Thanks for your response. That had been my initial thinking, but friends and family have made me feel differently. It certainly seems as though the problem is as big as I make it -- for instance, how much I care about having to someday go far into Brooklyn for jury duty, instead of doing it in Manhattan.

Also, I've probably been conflating the problem of the co-op board (possibly, someday, for some reason) threatening to throw me out with getting in some sort of trouble with the IRS. The former is not really something to worry about, given the temporary nature of this living situation.

Thanks again for the straightfoward response. It's another opinion to take into account.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top