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Level 1
posted Jan 28, 2021 10:29:07 PM

Telecommuting New York / Los Angeles

I spent Jan-Oct working in New York City and Nov-Dec telecommuting from Los Angeles (the same job). Should I pay 2/12 state taxes to CA and claim a credit from NY or pay 12/12 to NY? I am normally a NYC resident and relocated temporarily to LA (for the weather) whilst maintaining an apartment in NYC. My W2 has some tax withholding in CA. 

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1 Best answer
Expert Alumni
Jan 31, 2021 11:09:09 AM

You should pay 12/12 to New York and 2/12 to California. You will receive credit on your New York return for tax paid to California. To do this, file a full-year New York resident return and a non-resident California return.

 

You are still a New York (and New York City) resident because you have an apartment in NYC which is your permanent residence. You only relocated temporarily to Los Angeles (for the weather).

 

New York says a person who lives in one state but works in another may have tax liability in both states, but typically will receive a tax credit in their state of residence to eliminate double taxation of that income.

 

Learn more at Frequently Asked Questions about Filing Requirements, Residency, and Telecommuting for New York State Personal Income Tax

 

California says a nonresident who relocates to California for any portion of the year will have California source income during the period when services are performed in California. File a California Nonresident or Part-Year Resident Income Tax Return (Form 540NR) return to report the California sourced portion of your compensation.

 

Learn more at Teleworking and the Stay at Home order.

1 Replies
Expert Alumni
Jan 31, 2021 11:09:09 AM

You should pay 12/12 to New York and 2/12 to California. You will receive credit on your New York return for tax paid to California. To do this, file a full-year New York resident return and a non-resident California return.

 

You are still a New York (and New York City) resident because you have an apartment in NYC which is your permanent residence. You only relocated temporarily to Los Angeles (for the weather).

 

New York says a person who lives in one state but works in another may have tax liability in both states, but typically will receive a tax credit in their state of residence to eliminate double taxation of that income.

 

Learn more at Frequently Asked Questions about Filing Requirements, Residency, and Telecommuting for New York State Personal Income Tax

 

California says a nonresident who relocates to California for any portion of the year will have California source income during the period when services are performed in California. File a California Nonresident or Part-Year Resident Income Tax Return (Form 540NR) return to report the California sourced portion of your compensation.

 

Learn more at Teleworking and the Stay at Home order.