If I received unemployment from NY state while temporarily residing in another state until covid allowed me to return, would I claim it as NY resident income?

Forum|Forum|5 years ago
February 27, 2021
3 replies
9 views

I received unemployment from NY state due to covid-19. If I left the state temporarily at the beginning of my unemployment with no intention of it being permanent and paying for my NY apartment still but remained gone for 7 months and still collecting unemployment from NY, would I put the unemployment in full that I was paid under NY resident income?

Also, if I moved at the end of those 7 months permanently to CA, and collected 1.5 additional months of unemployment from NY before landing a new position in CA, would I still put the full unemployment comp down as New York Resident Income?

If it is not New York Resident Income, does that mean I would have to file taxes in the state that I temporarily lived in for 7 months (although there was never intent for it to be permanent)?

TurboTax Self Employed Online

LenaH

Employee Tax Expert

As a resident, you will report all of your income to New York State since since you are domiciled in the state. Your domicile is your permanent and primary residence that you intend to return to and/or remain in after being away (for example, temporary leave due to Covid-19). All of your income is taxable by New York State.

You should not be required to file a non-resident return in another state unless you worked in that state during the time you temporarily relocated. If that is the case, you would report that income on a non-resident return and get a credit on your NYS tax return for taxes paid to another state.

If at the end of seven months you permanently moved to California, then you would file a part-year New York tax return for the time up until your official move to California. Then, you would file a part-year California return for the 1.5 remaining months.

However, even after you relocate, you have to enter the amount of your unemployment that was received as a nonresident resulting from your employment in New York State. If your unemployment compensation received was a benefit for working solely in New York State, then you would allocate your entire unemployment to your non-resident/part-year New York State tax return.

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tom_kozak61

Level 2

If I received unemployment from NY state while living full year in PA do I need to file a NY non-resident return? I did not work or live in NY in 2021.

DaveF1006

Level 15

It depends. To clarify, how did you receive unemployment from NY State if you never lived there?

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colosmilin2021

Level 2

So what if I left NY and made permanent residence in Colorado and don't return to NY how do I do my unemployment? I received unemployment from NY but live in Colorado

ToddL99

Level 13

Report all your unemployment on your federal return.

You will be subject to NY tax on any unemployment received while still in living NY (in 2020) - depending on how much that might be, you may have to file a 2020 NY return.

You will be subject to CO tax on any unemployment received after becoming a CO resident. As a CO resident on Dec 31, 2020, you will probably have to fie a CO part-year resident return (will depend on your total and types of income)

Taxes are based on the state where you lived at the time you received the payments not where the company or organization is located that distributes the payments.

ana169

Level 2

Hi there! What do I do if I have 2021 unemployment from NY but I lived the whole year in Florida? I lived in NY in 2020 and moved to fl at the end of the year.

Thanks in advance 🙂

DMarkM1

Level 15

Since you permanently moved to FL you are now a FL resident. You will need to file a NY non-resident form to report the NY unemployment. NY does tax non-residents on unemployment benefits earned from NY employment.

In the "My Info" section scroll down to the "Other State Income" topic. There you will select "Yes" you earned money in another state and select NY from the dropdown list. This will generate the NY non-resident return. When you go through the NY state interview you will have the opportunity to allocate only the NY unemployment to NY.

Be advised, NY does use all income to calculate the NY tax on only the NY allocated income. So you will see all your income represented but the tax will only be on the NY portion in the end.

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danjo2

Level 2

Hello,

I live in PA and received NY unemployment (from my prior work there). I see that PA (resident filing) does not tax my NY unemployment. However, when filing my NY (non resident) taxes, NY is taking my husband's income into account to determine my tax bracket. I therefore owe more taxes than were originally taken out of unemployment (was 3%, but is now 4.159%). Am I able to recoup any of these taxes paid to NY on PA schedule G-L?

Thanks in advance.