Generally, you must file a New York State resident income tax return if you are a New York State resident and meet any of the following conditions. You can only have one domicile.Domicile trumps 183 day rule. Domicile is the foundation for New York income tax and estate tax. You can only have one domicile at a time, so if New York is where your primary home is, the state considers you a resident for tax purposes. How do I fill this out? To fill out the New York Estate Tax Domicile Affidavit, gather all necessary personal information about the decedent. Couples who are separated, either legally or de facto, can be recognized to occupy different domiciles under several state laws, including New York law.