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wynthein
Returning Member

I live in Wyoming and work remotely for NYC based company

Hi,

 

Wondering if someone would have any insight on the following?

 

A bit of background first, perhaps this doesn't matter but just to explain my specific situation. I am a UK citizen, lived there all my life but moved to the US in 2019 and got married in 2020. To cut a long story short, I moved to Wyoming as that's where my husband is from and where we now live. The company I worked for in the UK was bought over by a US-based firm, they are located in NYC. So this meant I was able to effectively keep the job that I did in the UK, all I need is a laptop and internet and I can work remotely.

 

So starting January 1, 2021, I have been working remotely for the NYC based firm. I will live and work in Wyoming for the whole of 2021. I will not be physically present for work in NYC at any point in 2021. The employer who I work for works under the "Convenience of the Employer" rule. So in essence, they will withhold NY state taxes from my paycheck. Now, since Wyoming does not have State Income Tax, am I able to file for a credit on my tax return when I file in 2022? 

 

I do apologise as I'm only starting to understand US tax law, as I've been under the HMRC in the UK for the last 30 years which was a little more straightforward.

 

If you google something like my situation you're led down a rabbit hole and some definitively state you must pay NY State Income Tax and you're not eligible for a refund/credit, others state you pay NY State Income Tax but are entitled to a refund/credit.

 

I appreciate any information 🙂

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3 Replies
TomD8
Level 15

I live in Wyoming and work remotely for NYC based company

There is no credit to be had in your situation.

If Wyoming had an income tax, you'd be able to claim a credit on the WY tax return for the taxes paid to NY, because in that scenario your income would be taxable by both states.

But since WY has no income tax, there is no "other state credit" to be claimed.

 

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

I live in Wyoming and work remotely for NYC based company

Hi @TomD8 

 

Thanks for your response. Okay, yes that makes sense. 

 

Any further advice? 

TomD8
Level 15

I live in Wyoming and work remotely for NYC based company

For tax year 2021 you'll be filing a New York non-resident tax return in addition to your federal tax return.

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