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Husband is employed by NY company, is MA resident, and travels nationwide 50% of the time. Does NY or MA tax his sick/holiday/vacation/personal time?

Forum|Forum|7 years ago
June 3, 2019
1 reply
2 views

Last year we let NY tax these days as a nonresident, but this year I've found conflicting information. Nothing definitive confirms that we did it right last year, and even the instructions for 203 don't get down to this nitty gritty level.

TurboTax Deluxe Online

Best answer by

You are correct, instructions don't address this level. State nexus (the right to tax) is based on where he works. Wherever his normal workplace is located, regardless of where his company is located, is where his income while working and therefore benefit pay too, should be taxed (even if he works in both places).

If he normally works out of the NY office, NY should tax it, but if he was hired to work from home, then you could keep it on your resident MA return. Even though all income is reportable in your resident MA state, you'll get credit for the taxes paid to NY.

A

Anonymous

Answer

You are correct, instructions don't address this level. State nexus (the right to tax) is based on where he works. Wherever his normal workplace is located, regardless of where his company is located, is where his income while working and therefore benefit pay too, should be taxed (even if he works in both places).

If he normally works out of the NY office, NY should tax it, but if he was hired to work from home, then you could keep it on your resident MA return. Even though all income is reportable in your resident MA state, you'll get credit for the taxes paid to NY.