I was paying NYC taxes all year but moved out of NYC on 11-8-16. It looks like I currently owe NYS taxes, though I should be getting money back.

[tmartin1487]

I changed the tax form with my employer but they said there was nothing I could do about the NYC taxes I paid from 11-8-16 to now, and I was told by them I should be able to get the money back when I filed.

[ChristinaS · Accepted solution]

Having had NYC taxes withheld for an extra 2 months wouldn't guarantee you a refund on the New York tax return.

NYC resident tax is a component of your NYS tax return- IT-201. In the beginning of the interview, you indicate your NYC residency period. Your NYC tax is assessed based on this period, and this tax is added as a component of the IT-201.

Your NYS tax is also assessed on the IT-201, based on all of your income for the year.

Both your NYC and NYS withholding are added as payments on the return, against the liability that you owe. The extra withholding from NYC might reflect an extra few hundred in withholding, which by no means guarantees that your NYS would reflect a refund. Even with the extra withholding for a few months, your New York return could still show a tax due.

• Please verify that you did show your residency period in the City at the beginning of the interview, so your NYC tax liability is not overstated
• Review your overall return to see how your total withholding (NYC, NYS) compares with your total tax liability. You could have under-withheld in general, or had income with no tax withholding whatsoever. You can look at a copy of your actual IT-201 before you pay, or a general overview from My Account- Tools- View Tax Summary- Preview 1040.

[swimbub]

This is a really good question and I would like to hear more.  My situation is similar.  I lived in NYC for the first 2 months of 2020 and then moved back to my parent's home upstate.  I gave up my NYC residence.   But, I did not update my residence with my employer until July.  So I payed NYC tax for 7 months.

I used IT-360 to calculate my owed NYC tax for 2 months.  The calculated amount is significantly less than what I paid as reported on my w2.   

The discrepancy is the reported NYC income on my w2 and my actual income for the 2 months I was there.

Will they believe me? 

[ReneeM7122]

You are correct, Form IT-360-1 is the correct form to calculate the corrected amount of withholding when you were not a full year NYC resident.  The software will calculate the correct amount for you.  It is less because you still have to pay NYS tax and that is factored into the actual income on the W2.

@swimbub