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I have 2 questions:
1. On 5/16/22, I began working for a NY state business. I was hired as a fully remote employee - I do not have a designated office space in the NY office and have not performed ANY work/services for my employer in the state of NY since 5/16/22. Initially, my employer withheld both NYS states and state taxes for my place of residence (KY), but then stopped withholding NYS taxes because I was hired as a 100% remote worker. Is this correct? While I certainly hope so, I am also doubtful.
2. Assuming I do have to pay NYS state taxes on my remote work earnings for the NY business since 5/16/22, will there be any NYS tax liability for the wages I earned in KY from KY employers (my state of residence) from 1/1/22 through 5/15/22?
Thanks so much in advance for the help and insight!
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Your employer is now withholding correctly. If you as a non-resident of New York never physically work in New York State, not even for a single day, then your income is not subject to NYS income tax. However, since your employer did mistakenly withhold some NYS tax, in order to obtain a refund of the withheld amount you'd have to file a non-resident NYS return on which you report the withholding but allocate zero income to NYS.
The income you earned as a KY resident from a KY employer is not subject to NY income tax, as long as you never worked remotely from a NY location for that employer.
TurboTax has a help article on this:
Is my remote income taxable in New York State? (intuit.com)
1. If you never physically worked in NY, you don't owe NY taxes. If you worked in NY for even 1 day (such as for training or required meetings) you may owe some NY taxes for those days.
1a. If you did physically work in NY for at least one day, then we have to apply the "convenience of the employer" test to determine if you all your NY employer wages are taxable to NY, or only proportionally for the days you worked in NY. It sounds like you would pass the convenience of the employer test and would not owe NY taxes, but this might need to be reviewed.
2. You would never owe NY taxes for income earned from a KY employer if you were not living in NY at the time. (Your wages before May.)
Generally, you file a resident state tax return for the state of your permanent residence that reports and pays tax on all your world-wide income. If you have income that is "sourced" or connected to another state, you file a non-resident tax return in that state to report and pay tax only on income sourced to that state. For example, if you won a NY lottery prize or sold property in NY, that would be NY-connected income. Most of the time, the "source" of wage income is the state where you physically performed the work, not the state where the company is located. Assuming you pass the convenience of the employer test, then your only NY-source income would be any wages paid for days you were physically working in NY (such as meetings or training).
Because you had NY withholding, you need to file a NY non-resident tax return to get it back. When you prepare a non-resident return, Turbotax will ask you to allocate your income to your home state and your non-resident state. In your situation, you would tell Turbotax that you had zero NY income. That will result in no tax owed and a full refund of the withholding.
Thank you for taking the time to answer! I really don’t know that my situation meets the “convenience” factors and think I should be paying NYS tax. In that case, can I ask my employer’s payroll company to deduct the NYS?
If I do pay NYS tax on that income, I would then get a credit on my KY state taxes for that amount, correct?
One more question - since I have never physically worked in NYS, does that mean the convenience rule does not apply? Thanks in advance for all your help.
@doanduff99 wrote:
One more question - since I have never physically worked in NYS, does that mean the convenience rule does not apply? Thanks in advance for all your help.
Correct. If you never work on NY soil, the convenience rule does not apply. None of your income is considered NY-source.
However, if you even work one day of the year on NY soil, then the convenience rule applies and you would have to look at the overall circumstances. (But it appears from your story that you were hired to work remotely for your employer's convenience.)
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