Non resident NY filing for CA resident who did not relocate due to Covid

[Richard12]

I was a CA (San Francisco) resident on 1/1/2020 and employed with a company based in NY.   In April the company closed the San Francisco location and I accepted a position in NY, however due to Covid the company postponed relocations so I never established residency in NY in 2020.  In anticipation of relocating I terminated my lease in San Francisco in April and forwarded my mail and temporarily stayed with my parents in Oregon.  Then I returned to a new location in CA the last quarter of the year.  A total of 183 days in CA in 2020.

Employer's W2 report my income and state income tax paid in CA and NY.  Do I need to file CA state return and a non-resident NY tax return?  If that is correct any tips on filing NY state tax because I never established residency and therefore I am not sure how to determine local NY tax.   

[JeffreyR77 · Accepted solution]

You should prepare a California resident tax return for 2020. 

You never took any steps to sever your California residency and establish your new residency in New York. 

California Franchise Tax Board guidance for individuals performing services and receiving Form W2 from out-of-state employers pay California tax on income earned in the state. 

If there is any withholding on your Form W2 for New York you can prepare and file an non-resident New York state income tax return to claim refund of any withholding as you never established a domicile or residency or performed work in the state.

How to File My 2020 State Taxes

[Richard12]

Thank you.  Your clarification will allow me to proceed with completion of the return with more confidence.