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NY State Tax Return

This my situation for 2024 and 2025.

 

In 2024 I worked as a 1099-NEC worker for a New York company but I was working remotely from Texas since this is where I live. I never physically worked in New York and NY taxes were not withheld.

 

In 2025 I worked in January and February as a W-2 employee for the same company (I’m not longer there) but the same applies I never physically worked in New York and New York taxes were not withheld. FYI in quickbooks workforce I appear for NY state withholdings for my filing status as “Do not withhold (exempt).”

 

My questions are:

 

  • For 2024 as a contractor do I have to file a NY tax return? Was I supposed to pay estimated taxes to New York? (I did pay estimated taxes to the IRS but I’m not sure if that is applicable to New York as well)

 

  • For 2025 do I have to file as an employee a NY tax return? Was NY withholding supposed to be taken out from my paycheck? If yes, do I need to make estimated payments to the state of New York?
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1 Reply
LenaH
Employee Tax Expert

NY State Tax Return

Can you clarify why the company reclassified you as an employee in 2025? What changed that prompted the reclassification? If nothing changed, then the question of whether there was a employer/employee relationship in 2024 should be examined. 

 

As it stands in 2024, you were an independent contractor and therefore, considered self-employed. For nonresidents, only a business that is carried on in New York would be considered to have NYS sourced income. Since you never physically carried on your self-employment activities in New York, it would not be sourced to NY, you would not have to file a nonresident return, and there would be no responsibility to pay estimated taxes to the state. 

 

However, in 2025, the company reclassified you as an employee. The rules for nonresident telecommuters are a bit different. Generally, if you telecommuted for your benefit (rather than for the benefit of the employer), it would be considered NY source income, even if you never worked within state lines. Another thing to consider is if your telecommuting location in Texas was a bona fide employer office. If there are no employer specialized facilities in Texas, you would need to meet 4 of the secondary factors and 3 of the other factors in the linked document above. 

 

If you did have NYS sourced income, then you were liable to pay tax throughout the period of employment. Any underpayment would be subject to penalties on a nonresident return. 

 

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