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Level 1
February 15, 2022
Question

Working for NYC and PA and resident of NYC

  • February 15, 2022
  • 1 reply
  • 1 view

I live in NYC all year round and I work in NYC. Part way though the year I got a second job in PA (work from home). I was trying to file my tax returns and I was told I owed NY state taxes on my returns. Should I have gotten a credit for the taxes paid in PA? Where would I see that on my 1040? Should I be requesting a state tax overpayment refund? Also I only took the standard deductions. 

1 reply

Level 15
February 15, 2022

You don't file a PA income tax return so there is no credit paid to other states on your PA income tax return.  If PA income taxes were withheld from your paycheck, you'll need to file a PA nonresident income tax return to get that money back. See How How do I file a nonresident state return?

  • If you work in a different state than where your employer is located, you will file your personal income taxes to the state where you live. You should report all of your income to your home state on a resident tax return.
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Alumni - Champ
February 15, 2022

Caution:  PA abides by the "convenience of the employer" doctrine with regard to taxation of non-resident telecommuters.  The income you earned from your PA employer is taxable by PA unless you were required by your PA employer to telecommute from an out-of-state location.

https://www.revenue.pa.gov/COVID19/Telework/Pages/default.aspx

 

If you do have to pay PA income tax under this rule, you are entitled to claim an "other state credit" on your NY tax return.

 

As a NY resident, all your income is taxable by NY, regardless of where earned.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.