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Non Resident filing?

I live in Vermont. I received unemployment from NY state. Taxes were withheld from my weekly benefits. I have filed both my Fed and VT state returns. Was I supposed to file something for NY state??? Thank You

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5 Replies
DMarkM1
Expert Alumni

Non Resident filing?

No, unemployment benefits are taxed in your resident state only.  However, if there were NY taxes withheld (this is very rare) then you file a non-resident NY return to claim a refund of those withheld taxes.  You can look at boxes 10 and 11 on your form 1099G to see if any state taxes were withheld.  

 

  

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TomD8
Level 15

Non Resident filing?

But see @ErnieS0's answer to a previous similar question:

https://ttlc.intuit.com/community/state-taxes/discussion/nonresident-new-york-income-allocation-for-....

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

Non Resident filing?

Thank you for your reply. I do have an amount in box 11. So just to be sure, was that amount withheld by NY or paid to Vermont??

DMarkM1
Expert Alumni

Non Resident filing?

Box 10 should tell you which state.  If not identified you might contact the payer, NY DOL, to inquire.  Most likely it is NY.  Also, to correct my previous post, it does appear that NY does tax non-residents on unemployment benefits that are related to NY wages.  So you should file a NY non-resident return to report those payments and any taxes withheld on that income.

 

In the "My Info" section at the bottom you will indicate you earned income from another state and select NY.  You will allocate your 1099G income to NY.  At the end of the NY interview take note of the income and taxes paid to NY as those numbers can be used to claim a credit on your VT resident return for taxes paid to another state to mitigate the double taxation. 

 

 

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Non Resident filing?

New York unemployment is taxable to a non-resident whether NY state tax was withheld or not.

 

According to New York, "any income you received related to a business, trade, profession, or occupation previously carried on in New York State, including but not limited to covenants not to compete and termination agreements."

 

You can file a non-resident New York income tax return and amend your Vermont tax return to claim a credit for tax paid to NY.

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