NY Underpayment Penalty for 2022—CA Resident, RSUs Vesting in CA, Need Advice!

Hi everyone,

I’m hoping to get some insight—here’s my situation:

  • Residency & Income
    I was a full‑year California resident in 2022.
    I had NY‑source income because some RSUs were granted while I worked in NY, but they vested while I lived in CA.

  • Taxes Paid

    • Prepaid NY estimated/withheld: $12,546

    • Prepaid CA state tax: $20,504

  • 2022 Tax Filings

    • NY non-resident return: allocated all W‑2 income to NY, claimed credit for CA tax

    • CA return: claimed credit for taxes paid to NY

    • Paid NY: ~$11,116

    • CA refund: ~$16,005

  • NY Penalty Notice
    On July 22, 2025, I received a notice stating I owe a penalty on the NY underpayment based on a 5.727% rate because my total NY tax liability ($21,295; calculated based on the safe‑harbor exceptions) exceeded my NY prepayment ($12,546).

  • Questions I Have

    1. Does NY just look at NY payments versus NY liability, regardless of CA credits?

    2. Can I request a waiver if the underpayment resulted from following my CPA’s advice?