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New Member
posted Dec 14, 2022 7:26:58 AM

Living in NYC but working remotely in Texas - withholding?

If I'm working for a Texas company remotely but live in NYC, would I still have both NY state and NY city taxes withheld from my paycheck? 

 

I found this information online: https://www.tax.ny.gov/bus/wt/whtax_require.htm

but it seems conflicting. It says: "

  • Out-of-state employers who are not incorporated or licensed under New York State law and do not maintain an office or transact business in New York State are not required to withhold New York State, New York City, or Yonkers income taxes on employees who reside in New York State.

But it also says: 

Who you must withhold tax for

  • New York State residents earning wages even when earned outside of the state
  • New York City residents even when services are performed outside New York City

These seem to be literally opposite statements? 

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5 Replies
Level 15
Dec 14, 2022 7:37:46 AM

Some companies that do not have a physical presence in another state may not withhold state taxes from the state where you are working remotely.

You need to ask your employer if they are going to withhold NY state and NYC taxes from your wages.  If they are not then you need to pay estimated taxes to both NY state and New York City.

Go to this New York state website for how to make estimated tax payments - https://www.tax.ny.gov/pay/ind/pay-estimated-tax.htm

New Member
Dec 14, 2022 7:39:08 AM

So either the employer withholds it and pays it for me, or they don't withhold it and I pay it later when i'm doing my taxes? 

Level 15
Dec 14, 2022 7:41:42 AM


@jenshu wrote:

So either the employer withholds it and pays it for me, or they don't withhold it and I pay it later when i'm doing my taxes? 


Correct to a point.  If your employer does not withhold state income taxes and If you do not pay state estimated tax payments during the year, when you file your state tax return you will be hit with underpayment penalties.

New Member
Dec 14, 2022 7:42:40 AM

Okay great, thanks for the reply! 

Level 15
Dec 14, 2022 9:12:00 AM

You have to make income tax payments throughout the year, either by withholding or by estimated tax payments. If your employer does not withhold NY state and city tax, and you do not make estimated tax payments during the year, and you just pay all the tax when you file your tax return, you will have to pay penalties and interest for not having paid during the year.