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taxprocrastinator
Returning Member

I am filing non-res NY state return. My employer has me listed as working in NY and taxed my income there. I worked from MI in 2022. is my income taxable in NY?

 
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2 Replies
DawnC
Employee Tax Expert

I am filing non-res NY state return. My employer has me listed as working in NY and taxed my income there. I worked from MI in 2022. is my income taxable in NY?

Yes.  If your employer is based in Arkansas, Connecticut, Delaware, Massachusetts, Nebraska, New York, or Pennsylvania, you must pay income taxes where your employer’s office is located.   File the NY return first and MI will give you a tax credit for the tax you pay to NY.   See Out-of-State Employers

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TomD8
Level 15

I am filing non-res NY state return. My employer has me listed as working in NY and taxed my income there. I worked from MI in 2022. is my income taxable in NY?

The income of a New York non-resident who never physically works in New York is not subject to New York taxation.

File NY Form 2104.1 with your employer:

https://www.tax.ny.gov/pdf/current_forms/it/it2104_1_fill_in.pdf

 

If NY taxes were incorrectly withheld, file a non-resident NY tax return on which you show the withholding, but allocate zero income to NY.  This should result in a full refund.

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