Florida Resident offered a 100% remote job from NYC based company. What taxes to pay?

[mpace1]

The company offered me a 100% remote job and does not have an office for me to work in. The company has a headquarter address in NYC. All employees of the company are 100% remote and work all across the US and overseas.  Since I am Florida resident, will I have to pay NYS and NYC taxes? I know of the convenience rule in NY, but I am not working from home for convenience as the company doesn't have a location for me to work. Any help would be appreciated. Thanks in advance!

[ErnieS0]

Ask your payroll department whether they plan to withhold New York income tax. You will not have to pay New York City tax. That’s only for people who live inside the city.

An employer not providing an office is considered one of several secondary factors in deciding whether you are working remotely for your convenience or for a legitimate business purpose. It may be obvious to you that you are working remotely out of necessity. New York may not see it that way.

If your employer withholds NY tax and you claim $0 NY income, you will likely be audited and will to prove your case. NY is very unfriendly towards telecommuters.

See TSB-M-06(5)I for New York’s convenience of the employer rules.

[Hal_Al]

If 100% of your work time is in FL (not even 1 day in NY), you may not be subject to NY tax.

Reference:  page 6 at this long thread. https://ttlc.intuit.com/community/state-taxes/discussion/re-i-work-for-a-ny-company-remotely-from-nc... 

But, the bottom line is whether your employer withholds NY state tax. If they do, you may have a hard time getting a refund from the NY Dept of Taxation and Finance