NY State Filing - trouble allocating days?

[wsneifert]

For tax year 2021 my wife worked worked 100% remotely.  To summarize:

• 188 working days in Philadelphia
• 36 working days in New York City (again, 100% remotely worked from NJ)
• 135 non-working days, e.g., weekends, holidays, sick days, vacation days
• 6 days unemployed
• Never lived in NY state; lived in NJ when she did work in NY state

So we are filing a non-resident NY tax return.  Her W2 shows her NY State wage the same as her Federal wages; considering only 16% of her working days were spent in NY we believe we need to allocate her income based on the days worked in NY.  We fill in the information as follows:

• Number of days in employment = 359
• Non working days = 135 (breakdown not needed for this discussion)
• Work days outside of NY = 224 (because she worked 100% remotely)
• Worked outside of NY at home = 36 (the form counts these days as in NY, I think)

With this input, TurboTax allocates 36 days to NY and allocates the income as I expect it should.  However, the program gives me an error saying the work days outside of NY is equal to the number of days at the job...but it is true that she never went into NY office for even 1 day.  Can someone advise if this is a bug or how I can allocate the days properly?  I don't think I'm doing anything wrong here.

Thank you!

[ErnieS0]

Your days have to add up to 359. Right now they add up to 395 (135+224+36). You should adjust either days worked outside NY or non-working days to bring you down to 359.

I would adjust your non working days. 224+36 = 260. 260/52 = 5 days per week, assuming she never had any vacations, holidays, sick days, etc. Otherwise adjust work days outside NY. Or a combination.

[wsneifert]

@ErnieS0 , thanks again for your response concerning allocation of days on my non-resident NY state return.

Below is a snapshot of my current allocation.  However, days worked at home (line 1j) are already counted in total days worked outside of NY (line 1i), so I believe the calculation for total days employed is 224+135=359, which is correct as best as I can tell.

• Line 1 Total days in employment =359 (didn't start employment until 1/7/21, so 365-6=359)
• Lines 1b-1g are my wife's non-working days; line 1g total nonworking days = 135 (I've validated from records)
• Lines 1h total days worked this year = 224 (I've validated)
• Line 1l days worked in NY state = 36 (I've validated, note these are all remotely worked)
• With the above facts, what numbers need to be input?  Again, I feel there is a bug in the program because my wife never worked even 1 day in NY, it was all remote

On your suggestion, I reduced the days worked outside NY by 36 days to 188, but the results aren't what I expect.  The tool now calculates the days in NY State to be 72 days, vs. the actual 36 days (all worked remotely)

Thank you for your support.

Current allocationReduced working days outside NY

[DianeW777 · Accepted solution]

The amount on line 1j is part of the number of days on 1i so you really don't add 224+135+36 because 36 would be duplicated.  Use your first allocation which is the correct action.

• 1j - enter the days that are included in 1i that is work from home.

Use your current allocation page to complete your New York (NY) return (.1607).

[wsneifert]

@DianeW777  thank you for the response.  I will use the original allocation as you suggest, but the fact that Turbotax flags this as an error confused/concerned me.  It seems to not consider the case where employees worked 100% remotely in NY.