What are the differences between resident and non-resident taxation?
In New York, resident taxpayers are subject to taxation on all worldwide income, while non-resident taxpayers are only subject to taxation on income from activities within the state. Residents must also pay taxes on all sources of capital gains; non-residents are only taxed on capital gains or losses from activities in the state. Taxation for residents is based on a progressive income tax rate, which increases with income levels. Non-residents pay a flat rate with fewer deductions available. In order to be taxed as a resident, an individual must maintain a permanent residence in the state or spend a significant amount of time in the state (183 days or more). Non-resident taxpayers must have less than 183 days of presence in the state, and their tax filing must meet certain conditions. Residents are also required to file a state tax return, as well as a federal tax return. Non-residents only have to file a state tax return, and are not responsible for filing federal taxes unless they are employed within the state. Residents are also subject to other New York specific taxes such as the Metropolitan Commuter Transportation Mobility Tax and the New York City Unincorporated Business Tax, while non-residents are not. In conclusion, the primary differences between resident and non-resident taxation in New York are the amount of income subject to taxation, the income tax rate and deductions that are available, filing requirements, and additional taxes that are applicable.
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