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wwinn
Returning Member

New York withholding on Mass Resident working remotely

I am a resident of Massachusetts, working remotely (in Massachusetts) for a New York company. My employer wants me to sign and submit a New York withholding tax form. Is this required? I will be working for less than 6 months for this company. Do I have to pay New York withholding taxes and file a nonresident return for 2019?

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3 Replies

New York withholding on Mass Resident working remotely

Sorry but NY is one of the few state that tax remote workers so you need to file a non resident NY return and you should have withholding as the employer is suggesting so complete the needed tax form.

TomD8
Level 15

New York withholding on Mass Resident working remotely

You may be able to escape NY taxation if you can show that you are working remotely out of necessity, not convenience.  Here is NY's wording on the matter:  

Any allowance for days worked outside New York State must be based upon the performance of services which, because of necessity (not convenience) of the employer, obligate the employee to out-of-state duties in the service of his employer. Such duties are those which, by their very nature, cannot be performed at the employer’s place of business. 

You can read NY's entire document on taxation of non-resident telecommuters here: https://www.tax.ny.gov/pdf/memos/income/m06_5i.pdnon-resident 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

New York withholding on Mass Resident working remotely

Comes down to if you are required by the employer to perform the work in MA or is the fact the work is performed in MA for your convenience.   If employer requirement, then NY should not tax that income.  If for your convenience, then NY will tax that income.  Either way, as a resident of MA, MA will tax all your income but allow some credit for the taxes paid to NY.

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