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Returning Member
posted May 12, 2021 11:50:46 AM

NY City tax after moving out of the city

Hello.

 

I lived in NYC until early March 2020 but moved to Washington thereafter.
I gave up my NY apartment and have no belongings in the city anymore and do not plan to return to NYC.
I understand that I'm still subject to NY State taxes as I receive "NY sourced income" by working remotely for a NYC based company. This is also reflected on my W2.

However, the company did not stop withholding my NY City tax until July/August and it's of course listed as such on my W2.

Am I right to claim a refund of the NY City tax I've paid since April? Or would I even be allowed to claim back all the NY City tax as I've spent more than 183 days outside of the city?

 

Thank you very much for the help!

 

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1 Best answer
Expert Alumni
May 12, 2021 12:24:19 PM

On the New York return, there is a section that deals with your New York City residency specifically.  Put the dates in that section.  Also, make sure you mark in the New York state main return the amount of income that was earned as a nonresident as compared to the period that you earned as a resident.

 

You will be filing Form IT-203, for a part-year/nonresident return.  As you state, all of your income is still taxable to New York state, but the portion of the income that is nonresident income is not taxable to New York City, since they only tax residents of NYC.  Once it is determined how much income is taxable to NYC, and the tax calculated, what was withheld beyond the end of your NYC residency should be refunded.  It won't be the entire amount of the NYC tax withheld, but it will be at least the portion of it that was withheld after no longer being a NYC resident.

2 Replies
Expert Alumni
May 12, 2021 12:24:19 PM

On the New York return, there is a section that deals with your New York City residency specifically.  Put the dates in that section.  Also, make sure you mark in the New York state main return the amount of income that was earned as a nonresident as compared to the period that you earned as a resident.

 

You will be filing Form IT-203, for a part-year/nonresident return.  As you state, all of your income is still taxable to New York state, but the portion of the income that is nonresident income is not taxable to New York City, since they only tax residents of NYC.  Once it is determined how much income is taxable to NYC, and the tax calculated, what was withheld beyond the end of your NYC residency should be refunded.  It won't be the entire amount of the NYC tax withheld, but it will be at least the portion of it that was withheld after no longer being a NYC resident.

Returning Member
May 12, 2021 1:26:49 PM

Amazing - thanks a lot for the fast and detailed response