I got taxed by Virginia and NY. I live in virginia and have not lived in or worked in new york in 2017. how do i file to get my state tax from New York fully refunded?

[maglib]

any chance you are telecommuting or working for a company located in NY?  If you ever lived in NY, did you file a change of address with NY?  Did you have your voting and drivers license switched?  Did you notify your employer that you moved?  All these need to be completed to prove you had no NY residence.  First step is contact your employer.  After you answer the questions, I'll be able to help you more.

[maglib]

First file your federal return

then fill out your non-resident NY return. Do NOTE that NY does tax telecommuters or income sourced from a NY company regardless of residence. Be careful during the interview and you will have to allocate the income out of the NY return to get a refund.  Do note once again that NY taxes money sourced to NY employers so please read the interview carefully.

lastly do your resident VA return.

In your VA return you will NOT get a credit for taxes paid to Ny as there was no income that should be  double taxed income. 

When you do your VA return, in the very beginning there may be a question about income double taxed, you remove the NY income .

I hope this was helpful.  If you have any questions while entering the interview, don't hesitate to ask.

[oowa12345]

the only way i can get my full amount is by credit through virginia i cant figure out how to make my new york return the full amount.

[oowa12345]

and i have no income in new you my employer forgot to take me off new york taxes when i moved 2 years ago

[maglib]

In NY interview you have to allocate income out of NY... Since there will be no income showing as taxed, there will be no credit in VA on double taxed income.  When you do the NY interview,  a few screens in, after it asks you if you maintaned living quarters it will ask you about allocations,  it will ask did you have any NY state only wages to report, say no, then it will take you to an allocation screen, make the NY source portion 0 for everything,

[bobestremera]

My question is kind of the exact reverse of this.  I have lived in New York City for 20+ years.  I am considering entering into a consultant contract agreement for professional services  (1099) with a nonprofit entity domiciled in Virginia.  I will spend zero time in VA.  Will I have to file a VA state non-resident income tax form?  If so, do they credit the state income tax I will pay to NY?

Thanks, Bob

[MarilynG1]

@bobestremera Generally, as a self-employed contractor, all your income is considered to be earned from your home in New York City.

Since you will spend no time in Virginia, you don't need to file a Non-Resident Return. 

"Income from Virginia sources" means income derived from labor performed, business conducted, or property held in Virginia,

Different states have varying regulations on this issue, so if you contract for work in other states, it pays to check with that state's Dept. of Revenue.

Click this link for more info on Why Would I File a Non-Resident Return.