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Non resident state tax return

I live in FL but the company I work for is stationed in NY. I do not owe any NY state taxes, they took NY taxes out of my check by mistake for the last 6 months. I'm trying to add the non resident state return but the outcome doesn't look right and no one will help me including my job.
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1 Reply
BillM223
Expert Alumni

Non resident state tax return

If you live in Florida for your convenience (and not because your employer needs you to be in Florida, then you owe taxes to New York State. Please see this memo from the State of New York.

 

This is unlike most states, which do not tax telecommuters, but New York does.

 

Also, please see the following from NYS.

My primary office is inside New York State, but I am telecommuting from outside of the state due to the COVID-19 pandemic. Do I owe New York taxes on the income I earn while telecommuting?

If you are a nonresident whose primary office is in New York State, your days telecommuting during the pandemic are considered days worked in the state unless your employer has established a bona fide employer office at your telecommuting location.

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.

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