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Level 1
posted Jan 12, 2024 1:29:26 PM

Live in NJ (all of 2022), worked in NY (Jan-Oct 2022) and NJ (Nov 2022 - Present) for same employer. Bonus paid out in Feb 2023.

I work in Financial Industry, so bonus is completely discretionary and not tied to sales from prior year.  A significant portion of taxes withheld for bonus in 2023, were paid out to NY. This includes a portion of cash withheld by employer in 2019, when I worked in NY, but still lived in NJ.  Filing 2023 taxes, and having not worked in NY during 2023, it is confusing how to allocate the correct portion of NY taxes? 

 

Should I only be paying the taxes for the 2019 cash bonus to NY? The first 10 months worked in 2022 in NY? Or nothing in NY, because when the bonus was paid in 2023, I did not work in NY?   

 

 

 

0 1 129
1 Replies
Level 15
Jan 13, 2024 8:11:12 AM

NY non-residents are subject to NY income tax on NY-source income.  NY-source income includes "...income derived from or connected with a business, trade, profession, or occupation carried on in New York State."   Therefore your bonus is NY-source income.

https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/pit/ny_source_income_sole_proprietorship.htm#:~:text=If%20you%20are%20a%20nonresident,on%20in%20New%20York%20State.

 

Therefore you must file a non-resident 2023 NY tax return reporting the bonus, in addition to your home state NJ tax return.  Since NJ taxes its residents on all income received, the bonus is also taxable by NJ.  However, you'll be able to claim a credit on your NJ return for the taxes paid to NY, so you won't be double-taxed.

 

In TurboTax, be sure to complete the non-resident state return before the home state return, so that the program can calculate and apply the credit.