Hello - This year I moved from NYS to Florida on September 1. My employer included the NYS wages in box 14. How should I apply this so I am taxed the appropriate amount

[DanielV01]

Box 14 is usually informational, but this information could be important.  Compare box 1, 14, and 16.  When you moved to Florida, did you continue to work for the same company?  Were you working remotely from home, or did you work at a Florida location?  Is the Florida income included in Box 1 of that W2?

[dpmagnar7]

Yes I continued working for the same company. I worked at either my client or the office in Florida. Yes the Florida income is included in box 1. Additionally, box 1 and box 16 are the same while box 14 has NYS TX WG for I believe the wages earned within NYS.

[Opus 17]

Are you working in Florida for your employer's convenience or your own (telecommuting but you could do the same work in NY)?

[dpmagnar7]

I transferred service lines into a new role here in Florida. I am a consultant so technically the work could be done anywhere, however, I am now based out of the Miami office and do not have any clients in New York.

[Opus 17]

NY is one of 7 states to apply a tax to telecommuters using a "convenience of the employer" rule.  Basically, if you work for a NY business and move to a no-tax state for your own reasons to save taxes, NY still expects you to pay state income tax on income from that NY company.  But if you move for the convenience of the company (such as, you are a salesperson and they change your territory) then NY will not tax your income in your new state.

It sounds like you work in Florida for the convenience of your employer, but you may want to seek professional advice if you aren't confident in that answer.  Some random people on the internet aren't going to be around if NY audits you.  

[DanielV01 · Accepted solution]

You are correct.  The way how your income is reported on your W2 is a NY state requirement.  Part of the reason why is that NY does not assume that if you move out of NY and continue to work for the NY company, that your income is no longer taxable in New York.  One situation they will still tax is if you are a telecommuter working from home.

Since you are not a telecommuter, you will report what you see in Box 14 into the allocation screens on the New York return,  This way, only that amount will be taxed in New York.  But you must enter the W2 as it is reported on the W2 screen (showing the amount in Box 16), and then make the adjustment on the New York return through the nonresident apportionment.  You are being given the exact figure, so you will want to enter that amount.