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I live in Fl, but worked and still own a house in NY. Is my pension considered "NY sourced income" if it comes from the firm's corporate offices located in Cleveland OH?

The pension program is also administered out of the Cleveland OH office.
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3 Replies
Vanessa A
Employee Tax Expert

I live in Fl, but worked and still own a house in NY. Is my pension considered "NY sourced income" if it comes from the firm's corporate offices located in Cleveland OH?

If you are NOT in NY when you receive the pension income, it is NOT taxable by NY.

Since you own a house in NY, if you are there as a part year resident, then for the percent of time you spend in NY, it would be taxable as NY income.

The fact that it comes from a corporate office in OH, does not have any affect on your pension taxability.  The only thing that affects who taxes it is where you live when you receive it. 

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I live in Fl, but worked and still own a house in NY. Is my pension considered "NY sourced income" if it comes from the firm's corporate offices located in Cleveland OH?

I spend approximately 60 days a year there.

Are they entitled to 60/365 or 60/183 of the income?  183 represent the number of days they no longer consider you a part time resident.

 

I also have a deferred compensation plan from my prior company that is reported on a W2.  Does the same rule apply for that income?  Social Security?

 

My understanding that dividends and interest income is not considered.

Vanessa A
Employee Tax Expert

I live in Fl, but worked and still own a house in NY. Is my pension considered "NY sourced income" if it comes from the firm's corporate offices located in Cleveland OH?

No.  If you are considered a non-resident, then none of your pension is taxable to NY.  A state cannot tax your pension if you are a non-resident. If you were a part year resident, then they would tax it on a prorated amount. 

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