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Level 1
June 2, 2022
Question

New employment

I am looking to do part time work for a company in Amityville NY. All of my work will be done from my home office in Virginia. Will i Pay all VA income tax or will i have to pay NY income tax 

2 replies

Level 15
June 2, 2022

After completing your Federal return complete a non resident NY return and finally, your Virginia return. You will be given credit on your VA return for the tax you paid for NY. 

Hal_Al
Level 15
Level 15
June 2, 2022

 If you work outside the state as a job requirement, you are only subject to New York State income tax on the days you work in New York. But if you work outside New York for your own convenience, you are subject to New York State income tax on all your income. Pennsylvania, Nebraska, Delaware and Arkansas have the same rule.  

 

Here's a link to New York's memorandum on its "convenience of the employer" tax doctrine regarding non-resident telecommuters: https://www.tax.ny.gov/pdf/memos/income/m06_5i.pdf

 

Also, see this more recent discussion, wherein the poster says it requires at least 1 day in NY to be subject to NYS income tax, even when it's for your own convenience. https://ttlc.intuit.com/community/state-taxes/discussion/re-i-work-for-a-ny-company-remotely-from-nc-i-spent-1-day-in-2017-on-site-but-my-w-2-has-full/01/2394755#M109156