New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IV - Sales And Use And Other Miscellaneous Taxes
Subchapter A - Sales And Use Taxes
Part 526 - Definitions
Section 526.15 - Resident
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Individuals.
Example 1:An individual owns a summer home in New York and leases an apartment in New Jersey. He is a resident of New York for use tax purposes with respect to tangible personal property and services used in New York.
Example 2:An individual from another state leases a summer cottage in New York for a two-week period. He does not become a resident of New York.
Example 3:An individual from another state attends a university in New York. Whether he lives in university housing or private housing, he is a resident of New York.
Example 4:An individual serving in the Armed Forces of the United States occupies housing on a Federal military base within New York State. Such individual is a resident of New York State.
(b) Others.
(c) Local application. The term resident as it applies to sales and use tax imposed by a locality shall be defined in the same manner as resident of the State, with respect to that locality.
Example:An individual owns a summer home in Warren County and leases an apartment in Schenectady. He is a resident of both localities.
(d) Military personnel. Any person, serving in the Armed Forces of the United States, whose dwelling place is in the State, whether on or off a Federal military base or reservation, is a resident of New York.
Cross-references:With respect to sales of motor vehicles, see Part 540 of this Title. With respect to local taxes, see Part 539 of this Title.