Live in NYC but work remotely for VA based company, can i claim NY tax return?

[lili123]

Hi,

I am a part-time new york resident, (live in NYC) and worked for a VA based company remotely in 2022. My company has withheld both VA and NY+NYC tax for me. Can I claim refund for NY state and city tax since the source of income is out of state? 

[Hal_Al]

Q. Can I claim refund for NY state and city tax since the source of income is out of state? 

A. No. But you do get a credit, on the the NYS return, for the tax you pay to VA. 

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. You will have to file a non resident VA state return and pay VA tax on the income earned there.. You will also file a NY full year resident return and calculate tax on ALL your income. NY will give you a credit, or partial credit, for the tax you pay VA. So, there will be little or no double taxation, but you have the cost and hassle of filing two state returns. Do the nonresident state return first.

[TomD8]

Can you explain what you mean by "part time New York resident"?  There is no such thing as a part-time resident in tax law.

Was your main, primary home in New York for all of 2022?  Did you move into or out of New York during the year?  Did you live in New York all year but live temporarily in Virginia for work purposes?  

We need more information in order to answer your questions correctly.