Has anyone figured this out?

[jatcreations]

My NY based employer inaccurately deducted both NY and OR taxes on my first pay check. I am full time Remote in Oregon. I should never have been charge NY taxes, I do not commute there from OR, I do not have an office in NY. My employer messed up on my first pay check before fixing this.
My employer told me to file IT-203.  I am trying to file the IT-203 to recovering the NY taxes and reading about others having issues; I am not sure how to proceed correctly. Having to purchase a $45 state form from TurboTax for this situation irritates me. And that may not even provide a full refund from NY in the end. Can someone please clarify and help? How do I deal with this mess? My employer is of no assistance (and it was their mistake!) Calling someone at TurboTax was of little help. They didn't really understand this.

[jatcreations]

Ok, I was trying to post a reply, but apparently I created a NEW topic.

Regarding double taxed in 2 states, and need to recover NY based taxes. I am a remote employee.

[Cynthiad66]

You will need to file a NY Non-Resident return to recoup any NY withholding.

 Do you go to NY to work at all?  If so, then any time you spend working in NY would be considered NY source income. Also, NY has a Convenience of the Employer Rule. 

 Basically, this rule says if you are working remotely for your convenience then you are considered to be working in NY.  If you are working remotely for your employers convenience, then you would not be considered to have income from NY sources. 

If you have never stepped foot in NY (for work purposes) and your work was 100% remote, and you did not live there during the year, then you would not need to file a NY return or pay taxes to NY. All of your income would only be taxable by OR, not NY.  

In summary, if your employer hired you as an OR resident to work from home and NOT in the office, then you would not need to pay taxes on the income you receive working for the NY based company.

@jatcreations 

[Mike9241]

go to NY Department of Revenue website and get nonresident forms and prepare manually.  attach your w-2.  

another option,  ask your employer if they'll refund the NY taxes withheld which would require them to adjust their NY payroll tax returns which they may refuse to do. 

[jatcreations]

I never stepped on foot in NY. 100% from my home office in Oregon. I need to file a IT-203 and guessing TurboTax would not be able to provide this. Only a State form. Right? I guess my only option is a Paper 203 form and send to NY.

I also see I was charged twice (NY & OR) for the Federal tax Paid Family Leave (PFL) Not even sure how the heck to get that back. UGH!

I am so tempted to ask my employer to pay me out for their mistake (as was mentioned), but doubt they would.

[jatcreations]

@Cynthiad66 I think you mis-undestood me. I NEVER stepped on foot in NY. I was taxed TWICE on my first pay check: OR & NY. Taxes were taken out/paid and i would very much like to recover that money from NY. Additionally, the federal gov. took Paid Family Leave (PFL box 14) money from BOTH states for that pay period! UGH! Not sure how the heck to recover that.

There is no where on the Federal form I can find that I overpaid Paid Family Leave.

[TomD8 · Accepted solution]

@jatcreations --

If you never set foot in New York during the tax year, then the "convenience of the employer" rule does not apply to you, and you have no tax obligation to the state of New York.  In order to obtain a refund of the incorrect NY withholdings, you must submit a non-resident NY tax return on which you show the withholdings but allocate zero income to NY.

To obtain a refund of the New York PFL, see "Wage Deduction Complaints" on this NY website:

https://paidfamilyleave.ny.gov/protections