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. Domicile trumps 183 day rule.If a taxpayer falls under either test for the specific years under review, he is considered a New York resident for income tax purposes. Per the NY Instructions for Form IT-201, page 12: New York State county of residence. Gov or submit in-person at the NYC Comptroller's Office. If you are domiciled in New York, you are a resident for income tax purposes, and all of your income, regardless of its source, will be taxable. Taxpayers determined to be New York City residents must pay city income tax on all their worldwide income, regardless of where it is sourced.