Residency Migration Reference
Moving from New York to Indiana: Residency, Taxes, and What to Prove
New York scrutinizes departures closely, so this move is as much an exit-documentation project as a tax question: the top income tax rate drops from 10.9% (state); NYC residents add up to 3.876% city tax to 2.95% (flat, state) + county income tax.
Residency Tests Side by Side
New York and Indiana both use a 183-day statutory residency threshold, so the day-count mechanics will feel familiar even though the underlying facts and enforcement differ.
| Factor | New York | Indiana |
|---|---|---|
| Statutory Residency Test | Tax Law §605(b)(1)(B): a person not domiciled in New York is still taxed as a statutory resident on worldwide income if they (1) maintain a permanent place of abode in New York for substantially all of the taxable year and (2) spend more than 183 days of the taxable year in New York. Both prongs must be met; exactly 183 days does not trigger the test. | Indiana Code 6-3-1-12 and 45 IAC 3.1-1-21 define a resident two independent ways: an individual domiciled in Indiana during the tax year, or an individual who is not domiciled in Indiana but maintains a permanent place of residence in the state and spends more than 183 days of the taxable year in Indiana. Indiana guidance explicitly notes the 183-day/permanent-residence test is a separate, independent basis for residency, not itself a test for domicile. |
| Domicile Test | New York's Nonresident Audit Guidelines and the Tax Department's own analysts weigh five primary factors: the size, cost, and use of the home in each location; time spent in each location; the location of active business involvement; the location of near and dear personal items; and where family (spouse and minor children) live. No single factor controls; the inquiry is a facts-and-circumstances read on genuine intent, per Hodgson Russ's published residency audit guidance. | Under 45 IAC 3.1-1-22.5, Indiana presumes a person has not abandoned Indiana domicile if they maintained a permanent residence in Indiana and satisfy at least one of: claiming a homestead deduction or military tax exemption on an Indiana home, voting in Indiana, occupying an Indiana residence more days of the year than any other single state, claiming a federal tax benefit based on Indiana being the principal residence, or having a place of employment or business in Indiana. Supplementary factors include driver's license and vehicle registration location, dependent claims, mailing address, bank accounts, organizational memberships, and where professional services and valuables are located. |
| Day Count Threshold | 183 days | 183 days |
| Any Part of a Day Rule | Yes. Under 20 NYCRR 105.20, presence in New York for any part of a calendar day counts as a full day, including a layover, a lunch meeting, or landing after midnight. Narrow exceptions exist for people in New York solely for medical treatment or solely passing through en route to somewhere outside the state, but there is no general travel-through carve-out. | Indiana's statute uses 'more than 183 days,' which mirrors New York's and Illinois's phrasing; Indiana guidance does not publish a specific carve-out exempting partial days, and practitioners treat any day with meaningful Indiana presence as counting toward the total absent a documented exception like medical treatment or transit. |
| Presumptions | There is no separate day-count presumption beyond the two-prong statutory test itself. Since 2022, Tax Department audit guidelines define 'substantially all of the taxable year' for the permanent-place-of-abode prong as a period exceeding 10 months (previously 11 months), which makes it slightly easier for a part-year abode to fall outside the test. | 45 IAC 3.1-1-22.5 creates a presumption against abandonment of Indiana domicile whenever a person kept a permanent Indiana residence and meets at least one of the five primary factors listed above (homestead claim, voting, most-days-in-state, federal filing benefit, or Indiana employment); this presumption is rebuttable but places real weight on continuing to hold any one of those Indiana connections. |
| Safe Harbors | 548-day rule | None published |
Leaving New York
New York is consistently named by practitioners as one of the most aggressive exit-audit states in the country, alongside California. High earners whose income drops sharply the year they claim to have left, people with day counts close to the 183-day line, and anyone who keeps a New York home after claiming a new domicile are the standard audit triggers. Per Hodgson Russ's published nonresident audit guide, the process is document-intensive and commonly runs 12 to 24 months.
Trailing Income
New York keeps taxing former residents through the convenience of the employer rule: a nonresident who teleworks for a New York-based employer is treated as working in New York, and therefore taxed on that income, unless the remote arrangement is a bona fide necessity of the employer rather than the employee's own convenience. Deferred compensation and stock options tied to services performed while a New York resident or while working in New York remain New York-source income even after the person moves away.
Part-Year Filing
Form IT-203, Nonresident and Part-Year Resident Income Tax Return, is used both for part-year residents leaving New York and for full-year nonresidents with New York-source income. The filer computes tax as if a full-year resident, then apportions it by the share of income allocable to the resident period plus any New York-source income earned during the nonresident period.
Enforcement Methods
Common Exit Mistakes
Establishing Indiana Residency
| Action | Agency | Deadline |
|---|---|---|
| Transfer driver's license and register any vehicle kept in Indiana | Indiana Bureau of Motor Vehicles | within 60 days of establishing residency |
| Register to vote | Indiana Election Division | 29 days before Election Day for online, mail, and in-person registration |
| File Form HC10 for the Homestead Standard Deduction on a purchased primary residence | County Auditor | on or before January 1 of the assessment year for that year's deduction, or as part of the sales disclosure at closing |
Declaration of Domicile
Indiana has no county-level declaration-of-domicile filing like Florida. Domicile is established through the conduct listed in 45 IAC 3.1-1-22.5: buying or leasing a home, registering to vote, obtaining the Indiana license and plates, claiming the homestead deduction, and shifting where employment and business activity actually occur.
Homestead
The Homestead Standard Deduction reduces assessed value by the lesser of $48,000 or 60% of assessed value on an owner-occupied principal residence, with an additional supplemental deduction on the remaining assessed value. Because Indiana law specifically directs the Department of Local Government Finance and county auditors to develop procedures to catch homestead claimants whose actual principal residence is outside Indiana, claiming or removing this deduction is a real, checkable data point for anyone establishing or leaving Indiana domicile.
Voter Registration
Register online, by mail, or in person at least 29 days before Election Day; Indiana does not offer same-day registration. https://indianavoters.in.gov
Vehicle Registration Deadline
60 days
New Resident Tax Traps
A new full-year Indiana resident is taxed on worldwide income from the date Indiana residency begins, reported on Form IT-40PNR for the split year, which also requires sorting out the county income tax based on county of residence. New residents should identify their county's local tax rate promptly, since it stacks on top of the 2.95% state rate and varies substantially, from roughly 0.5% in some counties to over 3% in others.
What Changes on Tax
New York Top Rate
10.9% (state); NYC residents add up to 3.876% city tax
Indiana Top Rate
2.95% (flat, state) + county income tax
Moving from New York to Indiana drops the top marginal income tax rate from about 10.9% to about 2.95%, a reduction of roughly 7.95 percentage points.
Withholding Reciprocity
New York and Indiana do not have a wage-withholding reciprocity agreement with each other, so this move follows ordinary source-state and resident-state filing rules rather than a reciprocity exception.
Community Property Transition
New York and Indiana both use common law, equitable-distribution marital property rules, so no community property transition applies to this move.
Beyond Income Tax
New York
Capital gains: No preferential rate. Capital gains are taxed as ordinary income at the same graduated brackets, so a New York City resident in the top brackets can face a combined state and city rate approaching 14.8% on gains before federal tax.
Estate or inheritance tax: New York has an estate tax but no inheritance tax. The 2026 basic exclusion amount is $7,350,000. New York uses a cliff: once a taxable estate exceeds about 105% of the exclusion ($7,717,500 in 2026), the exclusion disappears entirely and the full estate value is taxed, not just the excess.
Property tax: Effective rates vary enormously by locality, from under 1% in parts of New York City (where assessment caps suppress bills) to over 2% in many upstate counties. The STAR program reduces school-tax liability on an owner-occupied primary residence and is one of the first places auditors look when a taxpayer claims nonresident status while still benefiting from it.
Sales tax: State rate is 4%, and combined state-plus-local rates average around 8.5% statewide; New York City's combined rate is 8.875%.
Indiana
Capital gains: No preferential rate. Capital gains are taxed as ordinary income at the flat state rate plus the applicable county rate.
Estate or inheritance tax: Indiana has no state estate tax and no inheritance tax; Indiana repealed its inheritance tax effective 2013. Only the federal estate tax, with its roughly $15 million per-person exemption in 2026, can apply to an Indiana decedent's estate.
Property tax: Indiana's average effective property tax rate is around 0.8% of home value, among the lower rates in the Midwest. The Homestead Standard Deduction reduces assessed value by the lesser of $48,000 or 60% of assessed value for an owner-occupied principal residence, with an additional supplemental deduction on the remaining value; county auditors are directed to develop procedures specifically to catch owners whose actual principal residence is outside Indiana.
Sales tax: Indiana has a flat statewide 7% sales tax, sometimes called the Gross Retail Tax, with no additional local sales tax layered on top anywhere in the state.
Who This Move Applies To
Travel Nurses
In New York
New York applies its statutory residency test the same way to a travel nurse as to anyone else: a nurse on assignment who is not domiciled in New York but keeps a New York abode for substantially all the year and works more than 183 days in the state becomes a statutory resident taxed on worldwide income. The more common New York exposure runs the other direction, when a nurse claims a Florida or Texas tax home but the facts show the real permanent place of abode is the New York apartment they actually live in during assignments; auditors look at lease length, utility bills in the nurse's name, and whether the claimed home state was ever actually occupied.
In Indiana
Indiana applies its ordinary domicile and 183-day/permanent-residence tests to a travel nurse the same as anyone else: a nurse not domiciled in Indiana who keeps a permanent Indiana residence and is present more than 183 days becomes an Indiana resident on worldwide income for that year, plus the applicable county tax. The more frequent exposure runs the other way, where a nurse claims a Florida or Texas tax home while actually renting in Indiana for most of an assignment; Indiana taxes nonresident wages for days actually worked in the state regardless of the claimed tax home.
Professional Athletes
In New York
New York originated the modern jock tax, and both the state and New York City tax nonresident athletes on a duty-days basis: New York-source income equals total compensation multiplied by the ratio of duty days spent in New York (games, practices, mandatory appearances, and required travel) to total duty days for the season. New York City separately taxes nonresident athlete earnings at up to 3.876%. This applies to visiting players at Yankee Stadium, Citi Field, Madison Square Garden, and Barclays Center, as well as to the home-team rosters of the Yankees, Mets, Knicks, Nets, Rangers, Islanders, Bills, Giants, and Jets.
In Indiana
Indiana taxes nonresident professional athletes using the standard duty-day formula applied across nearly all income-tax states: total season compensation multiplied by the ratio of Indiana duty days (games, practices, and mandatory team functions in the state) to total duty days for the season. This applies to visiting NFL and NBA teams playing the Colts and Pacers in Indianapolis, and Indiana's flat, comparatively low rate means the dollar amount at stake per game is smaller than in higher-rate states, though the filing obligation is the same.
Snowbirds, Long Visitors, and RVers
In New York
The classic New York snowbird risk is keeping a New York co-op or house while wintering in Florida. Under the post-2022 guidelines, an abode used for more than 10 months of the year can satisfy 'substantially all of the taxable year,' and Obus and its Appellate Division reversal show that even a vacation home used only two or three weeks a year can be argued either way depending on whether the taxpayer has genuine, continuous access and uses it as a residence rather than merely maintaining it. Combine that abode with more than 183 days physically in New York across the year, counting any part of a day, and statutory residency attaches regardless of where the person considers home.
In Indiana
The Indiana snowbird risk runs through the same domicile-abandonment presumption that protects year-round Indiana residents: a retiree who keeps a permanent Indiana residence, continues to vote in Indiana, or keeps the homestead deduction active while wintering in Florida is presumed not to have abandoned Indiana domicile. Separately, spending more than 183 days in Indiana in a year while maintaining a permanent Indiana residence independently triggers Indiana residency regardless of domicile intent.
Remote Workers
In New York
New York's convenience of the employer rule is the single biggest trap for remote workers with a New York-based employer. If a nonresident employee works from home in another state for their own convenience rather than the employer's necessity, New York treats those days as New York workdays and taxes the income, frequently creating double taxation with the employee's home state. The Tax Appeals Tribunal reaffirmed the rule again in Matter of Zelinsky (2025); the only real escape is documenting a bona fide employer necessity, such as the employer having no New York office to work from.
In Indiana
Indiana has no convenience-of-the-employer rule. A nonresident who works remotely from another state for an Indiana-based employer is generally not taxed by Indiana on those wages, since Indiana sources employee compensation to where the work is physically performed rather than to the employer's location.
Military
In New York
New York generally follows the federal Servicemembers Civil Relief Act and Military Spouses Residency Relief Act: a servicemember stationed in New York on orders does not become a New York domiciliary solely because of the duty station, and military pay is exempt from New York tax for a nonresident servicemember stationed there. A servicemember who was domiciled in New York before enlisting remains a New York domiciliary unless they affirmatively change domicile.
In Indiana
Indiana follows the federal Servicemembers Civil Relief Act and Military Spouses Residency Relief Act. A servicemember whose domicile was Indiana before entering service remains an Indiana domiciliary regardless of duty station unless they affirmatively establish a new domicile, while a servicemember stationed in Indiana on orders, and a qualifying spouse, does not become an Indiana resident solely because of the posting; Indiana also allows a deduction for certain military retirement income.
Airline Crew
In New York
Federal law (49 U.S.C. §40116) limits states to taxing air carrier employee compensation only in the employee's state of residence and any state where the employee earns more than 50% of their pay. This protects flight crew based at a New York hub, such as JFK or LaGuardia, who are domiciled elsewhere from having their full income pulled into New York taxation solely because their duty station is there.
In Indiana
Federal law (49 U.S.C. §40116) limits states to taxing airline employee compensation only in the employee's state of residence and any state where more than 50% of pay is earned, protecting flight crew based at Indianapolis International who are domiciled outside Indiana from full-income Indiana taxation based solely on their duty station.
Tools for This Move
New York to Indiana FAQ
If I rent apartments in both New York and Florida and go back and forth all year, how could the state ever prove I was in New York more than 183 days?+
New York's audit program is built for exactly this pattern. Auditors reconstruct day counts from cell phone location data, EZ-Pass toll records, credit and debit card statements, and even medical or veterinary appointments, then compare that reconstruction against your own return. Because any part of a calendar day in New York counts as a full day under 20 NYCRR 105.20, a single afternoon meeting can move the count. The burden of proof is on you, not the state, so the absence of your own contemporaneous records is itself a disadvantage in an audit.
Does Indiana have a 183-day rule separate from domicile?+
Yes, and Indiana is explicit that the two are independent tests. Under IC 6-3-1-12 and 45 IAC 3.1-1-21, you're an Indiana resident if you're domiciled in Indiana, or separately, if you're not domiciled in Indiana but maintain a permanent Indiana residence and spend more than 183 days in the state during the year. Indiana's own guidance says the 183-day test is not itself a test for domicile, so you can fail one and still be caught by the other.
Does keeping an empty apartment in New York count against me if I've moved to Florida?+
It can, but it isn't automatic. Under Matter of Gaied, the Court of Appeals held that merely owning or holding the keys to a New York dwelling isn't enough to make it a permanent place of abode; there has to be evidence you actually use it as a residence. An apartment sitting genuinely empty and unused cuts against a permanent-place-of-abode finding. An apartment you or your family still stay in, even occasionally, is a much harder sell as abandoned.
If I move to Florida but keep voting absentee or in person in Indiana, does that hurt my case?+
Yes, directly. Indiana's domicile-abandonment rule under 45 IAC 3.1-1-22.5 presumes you haven't given up Indiana domicile if you keep a permanent Indiana residence and continue voting in Indiana, among other listed factors. Re-registering to vote in your new state, and actually voting there, is one of the more concrete steps that supports a genuine domicile change.
Can I still visit my parents in New York after I claim residency somewhere else without it hurting my case?+
Visiting itself isn't the problem; day counting is. Every day you spend any part of in New York, including a day trip to see your parents, counts toward the 183-day statutory residency threshold if you also maintain a New York abode for substantially all the year. Occasional visits without a New York home available to you are lower risk. The combination of frequent visits and a place to stay, like a childhood bedroom you still use, is what auditors look for.
Will keeping the homestead deduction on my Indiana house hurt me if I claim I moved to Florida?+
Yes. Indiana law specifically directs the Department of Local Government Finance and county auditors to develop procedures to identify homestead deduction claimants whose actual principal residence is outside Indiana, so continuing to claim it while filing as a nonresident elsewhere is exactly the kind of contradiction those procedures are built to catch. If you've genuinely moved, notifying your county auditor to remove the deduction is one of the concrete steps supporting your new domicile.
My employer won't update my payroll state after I moved out of New York. Am I stuck paying New York tax?+
Withholding address alone doesn't establish tax residency, but it does create a paper trail that contradicts your claimed move and can trigger a notice. More importantly, if you continue working remotely for a New York-based employer, New York's convenience of the employer rule can independently tax those wages as New York-source income unless the remote arrangement is a bona fide necessity of the employer, not just your own preference. Fixing the payroll address doesn't fix the convenience rule exposure; those are two separate problems.
How does Indiana's county income tax work if I move counties or move out of state mid-year?+
On top of the flat 2.95% state rate, every Indiana county levies its own income tax, ranging roughly from 0.5% to over 3%, and your county rate generally depends on your county of residence. When you move into or out of Indiana mid-year, Form IT-40PNR handles both the state and county allocation for the split year, which makes Indiana's exit-year filing meaningfully more involved than a state with a single flat rate and no local layer.
How does New York's convenience of the employer rule actually work for remote workers?+
If you're a nonresident who works from home for a New York-based employer, New York treats your home-office days as New York workdays, and taxes that income, unless you can show the remote work was a necessity for the employer rather than your own convenience. The Tax Appeals Tribunal reaffirmed this again in Matter of Zelinsky in 2025. The practical effect is that many remote employees of New York companies owe New York tax on nearly all of their income even though they never set foot in the state, which can also create double taxation with their home state.
I live in Kentucky and work in Indiana. Do I owe Indiana income tax on my wages?+
No, not on wages. Indiana has reciprocity agreements with Kentucky, Michigan, Ohio, Pennsylvania, and Wisconsin, so a Kentucky resident's wages earned working in Indiana are taxed only by Kentucky, not Indiana, and Indiana withholding should not apply. Reciprocity covers wage income only; investment, rental, and business income from Indiana sources are still taxable by Indiana.
Is it true a New York residency case once turned on where a guy's dog lived?+
Yes. In Matter of Blatt, a CEO who relocated from New York City to Dallas for a new job won his residency case largely because he finally moved his elderly rescue dog to Texas, which the administrative law judge treated as the clearest evidence of genuine intent to relocate. It outweighed the Manhattan apartment he still owned and the boat he kept in the Hamptons, and it landed months before he got a Texas driver's license or registered to vote there. It's a real illustration of how New York's domicile test looks past paperwork to small, honest signals of where someone actually built their life.
Does Indiana tax my Social Security or pension after I retire?+
Social Security is fully exempt from both Indiana state and county tax. Pension, 401(k), and IRA distributions are taxed as ordinary income at the flat state rate plus your county's local rate, since Indiana doesn't offer the kind of broad age-based retirement income exclusion that Illinois or Michigan provide, aside from a modest deduction for certain military and railroad retirement income.
Considering the reverse move?
Indiana to New York
Moving the other direction is a different fact pattern, not a mirror image: exit risk and establishment mechanics both flip.
View the Indiana to New York guideAlso Consider, Leaving New York
New York to Indiana Reading
Reviewed Against 31 Primary Sources
ResidencyIQ organizes public residency research into a reviewable reference. It does not provide legal or tax advice. Consult a qualified professional before making a residency decision.
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