TomD8
Level 15

Get your taxes done using TurboTax

@kewo35 --

 

Your federal return is not affected by where you live and work.

 

Assuming that PA is your husband's main, primary home (his domicile in tax terminology), ALL of his income is taxable by PA, regardless of where he earns it.

https://www.pa.gov/agencies/revenue/resources/tax-types-and-information/personal-income-tax/determin...

 

In addition, NY can tax him as a non-resident on 1) all the income he earns from work physically carried out within NY; and 2) all the income he earns by working remotely from PA for his NY employer - unless his NY employer has required or assigned him to work remotely from a PA location.  In other words, if he works remotely for his own convenience, then his remotely earned income remains taxable by NY.

 

So, he will have to file both a non-resident NY tax return on which he reports his NY-taxable income, and a resident PA tax return on which he reports all his income, including his earnings from NY.

 

He will be able to claim an "other state credit" on his PA return for the taxes paid to NY, so he won't be double-taxed.  The credit may not exceed his taxes due to PA.

 

With TurboTax, prepare your tax returns in this order:  

1.  federal

2.  non-resident state

3.  resident state

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.