Another related question with a different wrinkle.
Fact Pattern:
- PA resident all year.
- Remote employee all year.
- Same employer all year.
- Employer reassigned my "office" from New Jersey to NYC mid-year and began withholding NY Taxes in lieu of NJ taxes (actually PA taxes via reciprocal agreement with NJ.) For simplicity sake lets say this took place on July 1st and is roughly 50% of the year for each state.
- I happened to go out on Parental leave + Vacation for ~75% of the NY period of the year.
Reading the NY State non-resident allocation guide there's an exercise to determine NY share of wages via working days in state vs working days out out of state.
Question:
Do I...
- Go by the payroll/calendar year split and assign 50% wages to NJ vs 50% wages to NY?
- Do I use that NY State non-resident allocation "days worked" guide to determine NY State wages, which because of the parental leave and vacation days ends up more like a 75% NJ sourced wages, 25% NY wages.
- Is it even weirder where NJ tax law says go with calendar days of 50% and NY tax law says go with 25% "days worked in state"?
Feels like a weird one and I can't quite figure out which one hits law as written.
I'm guessing #1 is at play but its not fully reconciling with what I'm reading.
