@bcbkakljdasdas wrote:
Thank you for the responses.
Regarding New York state taxes, yes I will not be physically working in New York state for even a single day in the year. But I believe New York state and a few other states have something known as the "Convenience of the Employer" rule that basically says if you are working outside the state of New York for your own convenience, you are still subject to New York state income taxes.
https://smartasset.com/taxes/convenience-of-the-employer-rule#:~:text=The%20convenience%20of%20the%2....
Am I missing something here? Should I bring up to my employer to no longer withhold New York state income taxes or is that being correctly withheld?
I have always read the rule the way you do. @TomD8 has a different point of view, and I have not had time to analyze it thoroughly. You might want to consult a CPA (perhaps one in NY) because if Tom is right, you could file amended returns and get several years of taxes back.
If I understand correctly, a distinction is drawn between someone who works occasionally in NY but mostly remotely, and someone who never sets foot in NY. I think Tom's argument is that if you never set foot in NY, they can't tax you, but if you work in NY a little bit (say, 1 day a month for in-person meetings, or 1 week per year for training, and so on) then NY can tax all your income under the convenience rule.
I would like to analyze this further but I don't have time right now. There is the 2006 TSB, and then there may be court cases that refine or set limits on the convenience rule. You may want to engage a professional with knowledge of the rule.
