I work for NY employer (telecommuter), reside in GA and claim TX (no state income tax) due to spouse's military status. Do i still have to file NY state tax? thank you

[JohnB5677]

New York State does have a telecommuter income tax that may tax the entire amount of your NY allocated income.  This is subject to the "convenience of the employer test".  Here is how it is described: 

"Under this rule, days worked at home are considered New York work days only if the employee’s assigned or primary work location is at an established office or other bona fide place of business of the employer (hereinafter, a bona fide employer office) in New York State. If the employee’s assigned or primary work location is at an established office or other bona fide place of business of the employer outside New York State, then any normal work day worked at home would be treated as a day worked outside New York State." 

You can also see the complete text at: NY Tax - convenience of the employer

I suggest you contact your employer for assistance determining your status.  You will have to file a GA non-resident return because you did work and earn money in that state.  If you have to pay NY, you will get a credit in GA and there probably will not be any tax in GA.

[ahaan0917]

thank you for the information.