New Jersey resident or nonresident?
Answer a few questions to see whether New Jersey treats you as a full-year resident, a nonresident or a part-year resident for state income tax, which return you would file, and whether your income means you have to file.
An estimate, not tax advice. This follows the general residency rules of the New Jersey Division of Taxation. Domicile depends on all your facts, and members of the military and some others have special rules. Confirm with a qualified tax professional or the Division of Taxation before you file. This is general information, not legal or tax advice.
How New Jersey decides
- Domicile in New Jersey. If New Jersey is your permanent home, you are a resident, unless for the whole year you had no permanent home in New Jersey, kept a permanent home elsewhere and spent 30 days or fewer in New Jersey.
- Domicile somewhere else. You are a resident only if you kept a permanent home in New Jersey and spent more than 183 days in New Jersey. This is called a statutory resident.
- Moved in or out. You are a part-year resident. File NJ-1040 for the time you lived in New Jersey and NJ-1040NR for New Jersey income earned while you lived elsewhere.
- Who must file. You must file if your gross income from everywhere for the whole year is more than $10,000 (Single or Married/CU partner filing separately) or $20,000 (Married/CU couple filing jointly, Head of household, or Qualifying widow(er)/surviving CU partner). Nonresidents file only if they also had New Jersey-source income. File anyway to get a refund of New Jersey tax withheld.
Living in New Jersey and working in New York, or the other way around? Your residency decides which state taxes all of your income. The other state taxes only the income earned there, and you may get a credit for tax paid to it.
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More tools
- Filing status finder
- Substantial presence test calculator (federal residency for visa holders)