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Level 2
March 29, 2024
Question

Tax question

  • March 29, 2024
  • 1 reply
  • 13 views

Hello. 

I live in FL and I work from home. My employer office is located at NY. However, the w2 shows my employer address in Michigan. Do I need to pay NY taxes ? 

    1 reply

    DaveF1006
    Level 15
    March 29, 2024

    You may. In general, unless your employer specifically acted to establish a bona fide employer office at your telecommuting location, you will continue to owe New York State income tax on income earned while telecommuting.

     

    There is a rule called the New York Convenience Rule that permits state tax authorities to tax NY-based employees for days worked remotely in a location outside of NYS.

     

    Unless you have clear and convincing evidence that your employer specifically acted to to establish a bonafide employer office at your location, you will need to file a NYTS non-resident return and declare the income earned through your NY employer.

     

    Convenience of Employer Rule

     

    NYS Dept of Taxation

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    Maris0611Author
    Level 2
    March 30, 2024

    Thanks. What about if my W2 shows my employer address in Michigan? Do I have to complete NY taxes anyway?