New York State Preparers

[WhiteOleander]

I am in Texas. Have a client who is filing part year New York. She was there approx. 2 months.

Of her total W-2 earnings, about 1000.00 is from a New York W-2.

Since she is a part year resident, will she quialify for the New York EIC.

Called the New York revenue department. They say she does qualify since she qualifies for the Federal EIC.

Any help would be appreciated.

Thanks.

[ChEAr$]

If you told them

I am in Texas. Have a client who is filing part year New York. She was there approx. 2 months.

Of her total W-2 earnings, about 1000.00 is from a New York W-2.

Since she is a part year resident, will she quialify for the New York EIC.

Called the New York revenue department. They say she does qualify since she qualifies for the Federal EIC.

Any help would be appreciated.

Thanks.

that she was only a part year resident, and they said yes, you can rely on that.

No, I'm not a NY state preparer, but run it through your software package (unless you
still prepare returns by hand! (grin), and see what happens.

[erchess]

Disagree with Harlan

First of all if the advice was wrong you would need the name and ID Number of the person who gave the advice and even then there would be the question of whether you could prove that she actually said what you thought she did. (Otherwise unscrupulous preparers would simply have conversations about anything with taxing agency employees, document the names an numbers of the employees and write down whatever they pleased as having been said by the employees.)

Besides even proof that the person said you could do it does not mean you could avoid paying the additional tax plus interest and the inconvenience of your client having to pay you for help or of you helping for free.

We also know that "tax software is no substitute for tax knowledge". I would be surprised if software designed for professionals messed up EIC but it is possible. Since I know that EIC issues other than Fraud are a point of emphasis with taxing agencies, I make sure that I have knowledge that the client is due it before I sign a return that gives it to them.

[New York Enrolled Agent]

Go to the NYS website www.nystax.gov

Click on the forms tab and find IT-216. The second page will have the calculations for a part year resident.

[New York Enrolled Agent]

My mistake - I thought I read dependent care credit. The EIC credit is on IT-215 - same site & do the second page of the form.

[David1980]

Every time I call the IRS or a state revenue agency I get at least what I paid for. Sometimes more.