Moved to Texas and Job did not update work location from New York

I moved out of New York in July 2020 to Texas. My employer Did NOT update the work location on their end until May 2021. I paid NY State taxes until 15 May 2021 even though NY was not my domicile until the office location was updated on my employers side that NY taxes stopped being taken out.

I'm filing an out of state resident as well.

I did not work or live in NY at all in 2021, but employer office was based out of NY. I worked in Texas all of 2021.

Questions:

1) Is it possible to get the amount back from NYS that I paid? (without having to hassle employer to update W2?, which i doubt they will as there is no paper trail and they had no sense of urgency to update it until May of 2021). Do i allocate "0%" to NY State?

2) Do if i just bite the bullet and allocate as if I worked in NY (134 days in NY and the rest of of NY?) Would the best allocation be a %? In this case 36% or so. I would lose some money here, but at this point I just want to file on time without extension.

I don't know how to proceed with this portion in TurboTax with the allocation or otherwise.

1441

Expert Alumni

Apr 11, 2022 4:31:39 PM

You should file a New York Non-resident tax return and allocate $0 to New York. You will receive full refund.

Returning Member

Apr 11, 2022 5:14:02 PM

Is that correct? Even though My W2 shows otherwise and Payment paid to NY?

Do i do this as a %?

Employee Tax Expert

Apr 12, 2022 12:18:44 PM

Yes, that is correct. If you do not have sourced income from New York, enter an allocation of $0 or 0% and you will get a full refund of taxes paid.

However, please keep in mind the following NYS guidelines for sourced income:

Per NYS, if you are a nonresident whose primary office is in New York State, your days' telecommuting are also considered days worked in NY state unless your employer has established a bona fide employer office at your telecommuting location in Texas. There are a number of factors that determine whether your employer has established a bona fide employer office at your telecommuting location. In general, unless your employer specifically acted to establish a bona fide employer office at your telecommuting location, you will continue to owe New York State income tax on income earned while telecommuting.
In addition, under the New York “convenience of the employer” rule, the wages of an individual who is a resident of a state other than New York but who works for a New York-based employer, are considered to constitute New York source income unless, out of necessity, the employee is obligated to work outside of the state.

@VirtualAgent20

Returning Member

Apr 12, 2022 3:24:30 PM

Thank you.

My employer did not update my work location to the Texas location until May of 2021.

In this case NY will want their taxes paid and I get nothing back (unless my current employer corrects the W2).

In otherwords from what you say, NY will consider me telecomuting while working of a NY based business, evethough my employer has an office out here (that was not reflected until May)

IN the end i used the % allocation method to divvy up the earned wages as a % from the last paycheck from the NY office vs. the rest of the year.

I will look into getting the W2 corrected and sending an amendment to NY later on.

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Moved to Texas and Job did not update work location from New York