Hi,
Similar but different situation. I work for a large company in their satellite NYC office and have purchased a home and settle in FL since Nov 2020 with my wife and two kids. I work remotely and live in FL since than and have not return to work in our NYC office since then. Our kids goes to school in FL and we have only set foot in NYC for a few days total in 2021 to list and sell our Condo since our move, which finally sold in Nov 2021. Note that we also have a small studio apartment in NYC that is rented out and haven't been sold yet. I have changed my resident state with HR to FL effective 1/1/21 and have still been withheld NYS and NYC taxes for the whole of 2021. Given my situation, am I correct that NYC taxes does not apply to me since I'm not a resident or have lived in NYC in 2021; but for a few days to list and sell and much less than the 184 days requirement? In regards to NYS taxes, can we assume that NYS tax would still likely apply given the telecommuter convenience rule, even though we only set foot in NYC for a few days to list and sell and not work for the whole of 2021. If the above is correct, would we file as a NY nonresident to claim back NYC taxes and just pay the NYS tax portion? Thank you.
