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No, whoever you spoke to was confused.
First, the general rule is that you owe state income tax on all your worldwide income to the state where you have your permanent residence, or domicile. If you work out of state for part of the year, you would owe a non-resident state income tax return for that state that only reported income earned in that state, and then you would prepare a tax return for your home state that reports all your income, and your home state will give you a credit for the taxes you paid out of state.
If you moved during the year and changed domiciles, you would file a part-year resident return for each state, and would allocate your income to each state based on where you were domiciled when the income was paid.
So to answer your question about 2020, we would first need to know whether you were always domiciled in Texas and temporarily worked in New York, or whether you were domiciled in New York and then moved to Texas.
Then separately, New York is one of six states that applies a “convenience of the employer“ rule for taxing income when you work for a New York State employer. If you are working remotely for a New York State employer, and the reason you are working remotely is for the employer‘s convenience, then New York does not tax your income and you only pay tax in your home state. If you are working remotely for your own convenience, the New York will tax all your income from that New York-based employer. For example, if you are a repair technician for an equipment company and your territory is Texas, then you are working from Texas for your employer‘s convenience. If you are a graphic designer and could work from anywhere, and New York has an office space that you could use but you choose to work from home in Texas, then you are working out of state for your own convenience.
So depending on your circumstances, you might owe a non-resident return to New York that reports all your New York income, or you might only owe a non-resident New York return that reports income earned on for the days that you were living in New York.
A third factor is New York City tax, which you only owe on income earned while you are living or working in New York City, even if you are being taxed by the state on all your income due to the convenience of the employer rule.
For 2020, we might be able to recommend a way to amend your return depending on the circumstances if we knew them in more detail.
For 2022 and the future, you need to look at “convenience of the employer” states and other states separately.
If you take a contract with a client that is not based in a convenience of the employer state, you would only owe state income tax on earnings that were paid while you were living and working in that state, even if it is temporary. If you do all your work from Texas, then you would owe no state income tax on those contracts.
If you take a contract from a client in a convenience of the employer state, you next have to determine whether the client has an office space that they offer to you or whether they prefer you to work from home. If they offer you an office space and you work from home by preference, you will owe state income tax in that state, but if they do not offer you a workspace in that state, then you are working at home for their convenience and you would not owe state income tax.
Note that this really only applies to work that can be done from home. If you are an oil rigger or a carpenter and you worked on site, then you will always owe state income tax to the state in which you are working for the wages paid to you in that state.
Convenience of the employer states are Connecticut, New York, Pennsylvania, Arkansas, Delaware and Nebraska.
While it is true that technically New York taxes all of your income, at the same time they adjust their tax rate to compensate for the income your earned out of state. So in affect, your New York tax should be minimal if you only worked there for a few days.
@rmj_2727 said" When my filing taxes, agent mentioned there are 17 other states that charge their non residents (without reciprocity) state taxes the same way(gross income made regardless if not made in NY STATE")
No, there are no states that do that*.
But, depending on your circumstances that could happen. If you worked from home (telecommuted) in TX for a NY employer, for your own convenience, NY will tax all your income from that employer. If you work outside the state as a job requirement, you are only subject to New York State income tax on the days you work in New York. But if you work outside New York for your own convenience, you are subject to New York State income tax on all your income. Pennsylvania, Nebraska, Delaware and Arkansas have the same rule.
Here's a link to New York's memorandum on its "convenience of the employer" tax doctrine regarding non-resident telecommuters: https://www.tax.ny.gov/pdf/memos/income/m06_5i.pdf
So, it depends on your circumstances. Your statement "Prior to taking more contract jobs" makes it sound like you change residences when you change jobs. If your former residence was NY, NY could be treating you as temporarily away, while working in TX. Depending on the details, you may need professional help if you want to fight NY on this.
*The general rule is: your report all your income on your home state return, even the income earned out of state. You file a non-resident state return for the state you worked in and pay tax to that state. Your home state will give you a credit, or partial credit, for what you paid the non-resident state.
No, whoever you spoke to was confused.
First, the general rule is that you owe state income tax on all your worldwide income to the state where you have your permanent residence, or domicile. If you work out of state for part of the year, you would owe a non-resident state income tax return for that state that only reported income earned in that state, and then you would prepare a tax return for your home state that reports all your income, and your home state will give you a credit for the taxes you paid out of state.
If you moved during the year and changed domiciles, you would file a part-year resident return for each state, and would allocate your income to each state based on where you were domiciled when the income was paid.
So to answer your question about 2020, we would first need to know whether you were always domiciled in Texas and temporarily worked in New York, or whether you were domiciled in New York and then moved to Texas.
Then separately, New York is one of six states that applies a “convenience of the employer“ rule for taxing income when you work for a New York State employer. If you are working remotely for a New York State employer, and the reason you are working remotely is for the employer‘s convenience, then New York does not tax your income and you only pay tax in your home state. If you are working remotely for your own convenience, the New York will tax all your income from that New York-based employer. For example, if you are a repair technician for an equipment company and your territory is Texas, then you are working from Texas for your employer‘s convenience. If you are a graphic designer and could work from anywhere, and New York has an office space that you could use but you choose to work from home in Texas, then you are working out of state for your own convenience.
So depending on your circumstances, you might owe a non-resident return to New York that reports all your New York income, or you might only owe a non-resident New York return that reports income earned on for the days that you were living in New York.
A third factor is New York City tax, which you only owe on income earned while you are living or working in New York City, even if you are being taxed by the state on all your income due to the convenience of the employer rule.
For 2020, we might be able to recommend a way to amend your return depending on the circumstances if we knew them in more detail.
For 2022 and the future, you need to look at “convenience of the employer” states and other states separately.
If you take a contract with a client that is not based in a convenience of the employer state, you would only owe state income tax on earnings that were paid while you were living and working in that state, even if it is temporary. If you do all your work from Texas, then you would owe no state income tax on those contracts.
If you take a contract from a client in a convenience of the employer state, you next have to determine whether the client has an office space that they offer to you or whether they prefer you to work from home. If they offer you an office space and you work from home by preference, you will owe state income tax in that state, but if they do not offer you a workspace in that state, then you are working at home for their convenience and you would not owe state income tax.
Note that this really only applies to work that can be done from home. If you are an oil rigger or a carpenter and you worked on site, then you will always owe state income tax to the state in which you are working for the wages paid to you in that state.
Convenience of the employer states are Connecticut, New York, Pennsylvania, Arkansas, Delaware and Nebraska.
Hello,
Thank you to everyone who has replied. I live and work in Texas. I am a nurse, I went to NY for 3 weeks during the height of Covid, and then returned to Texas. Later in the year, I did two additional Covid assignments, they were both in Texas. I have never been a resident of NY. When I did my taxes I tried to input the amount made during my time in NYC, the state of NY and the TT agent I spoke with said they commute the state tax owed by gross wages and then take a percentage. I had the state taxes taken out, while I was working there. I ending up owing a great deal more(NY state tax), d/t them using gross income.
I hope this makes sense.
Thank you all again for your time. It is appreciated.
JR
New York does not tax all of your income. They do pretend that all of your income is taxable in New York, calculate what New York tax is on the total income, and then prorate the New York tax to the percentage of income actually earned in New York. It is not all taxable there. However, the way the New York tax return is laid out, it does give the appearance that New York is taxing everything. They are not. They are factoring in all income to determine New York tax.
Having said that, if you received a W2 from the company, and while with that company you worked both "within" and "without" New York State. (Both inside and outside the state of New York for the same company), New York State does not allow employers to presume that employees are not taxed in New York State on the income. They are required to report all income to New York. Then, on the individual tax return, the taxpayer must allocate (designate, or split) the income that was earned in New York versus overall income. If you receive a W2 that reports all of your income to New York, including income earned in Texas as a Texas resident, you will need to use the allocation screens on the New York interview to do so. If that is the case, and you have additional questions, we are available to assist you with that.
@rmj_2727 wrote:
Hello,
Thank you to everyone who has replied. I live and work in Texas. I am a nurse, I went to NY for 3 weeks during the height of Covid, and then returned to Texas. Later in the year, I did two additional Covid assignments, they were both in Texas. I have never been a resident of NY. When I did my taxes I tried to input the amount made during my time in NYC, the state of NY and the TT agent I spoke with said they commute the state tax owed by gross wages and then take a percentage. I had the state taxes taken out, while I was working there. I ending up owing a great deal more(NY state tax), d/t them using gross income.
I hope this makes sense.
Thank you all again for your time. It is appreciated.
JR
It sounds like you need to file an amended return for 2020. The deadline for doing this is 4/15/24, so you have plenty of time to figure it out.
Start by printing or reviewing the final 2020 return as you filed it. You should have filed a form IT-203, New York part-year and nonresident tax return. It should only have listed your NY-source income; that would be income earned while actually living or working in NY state. You would also owe NYC tax if you were living and working in NYC for those 3 weeks.
If you filed an IT-201, or if your IT-203 lists all your annual income, then you filed incorrectly.
Possibly, you can call Turbotax and get assistance with the amended return. They will have a record of your previous call, and a supervisor may be able to verify they gave you bad advice.
Here is the instructions on how to amend. In your case, you would skip the federal tax section and go right to the state module, since you are only amending you NY state return and your federal return is not changing.
When working on the state module, the program should ask if you lived in NY (no) and it should ask if you worked in NY (yes) and the dates. Then the program should tell you that you are a non-resident, and it should then list each of your types of income one by one, and ask you how much of that income was paid in NY. It should list each W-2 and each other type of income (investments, interest, etc.). For most types of income you would enter zero as the NY allocation. For your wages, you would compute the NY allocation in some reasonable means, such as your hourly wage x number of hours worked in NY, or weekly X number of weeks, etc.
You do have to manually allocate your income, the program does not do it automatically. But if you were told to allocate 100% of your income to NY, that was incorrect.
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