The 414(h) or IRC 125 is reported on your W2 in box 14 under Other. When entering the W2, you must enter that income and will be asked to select the dropdown box that matches. The program then knows to carry that to your NY return to be added into income. It is not included in your federal income.
You can look at your NY tax returns for the years in question and see if your Box 14 amount for 414(h) was included in your NY taxable income.
For this year, it is line 21 under New York Additions labelled Public employee 414(h) retirement contributions.
If you review your returns and do not see the addition of the income, you would be liable for any additional tax.
@gyaponte
@Jimmyb820
**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"
