ErnieS0
Expert Alumni

State tax filing

You do not have to pay New York tax if you never live or work in New York.

You can file a nonresident income tax return and claim a refund by reporting $0 wages to NY.

 

Be aware New York is very aggressive in taxing remote workers so it’s possible you may lose and have to pay tax even if the facts are in your favor.

 

New York follows the “convenience of the employer” rule, meaning if your employer says your “home office” is New York and you are considered to be working in Tennessee out of your personal choice, then NY may say you are a NY employee, even though it would be silly for you to commute from TN to NY every day. 

 

The best solution is to ask your employer to change you to a Tennessee employee and stop New York withholding.

 

Read the answers from @kristinelbly, a former New York State auditor in “I work for a NY company, remotely from NC. I spent 1 day in 2017 on site, but my W-2 has full salar...

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