Skip to main content
Level 2
April 10, 2021
Question

W2 shows 2 states

  • April 10, 2021
  • 5 replies
  • 24 views

My W2 shows income earned in both NY and PA. I live in PA and earned the money in PA. The companies address is in NY. 

The one line for NY (box 16) shows the amount the equals Box 1 income.

The line for PA (box 16) shows a smaller amount (approx $700 less).

When I put this into Turbo Tax, the program added up both amounts for PA income.

Reading other posts, it seems like I should just use the PA amount.

    5 replies

    MaryK4
    Level 15
    April 10, 2021

    Yes, New York requires employers to use the W2 Box 1 amount, regardless of New York income.  You will need to adjust the Pennsylvania amount so it does not get double counted.  

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"
    Level 2
    April 10, 2021

    My issue is that I didn't work in NY, just the company's headquarters are there.

    I lived/worked in PA.

     

    LenaH
    Alumni - Expert
    Alumni - Expert
    April 11, 2021

    Even if you never physically worked in NY, you could still be subject to NYS tax. 

     

    If you are a nonresident whose primary office is in New York State, your days telecommuting during the pandemic are considered days worked in the state unless your employer has established a bona fide employer office at your telecommuting location.

     

    If you did not telecommute due to Covid-19 (and you regularly telecommute), you could still be liable for NYS tax. Based on New York guidance, non-resident employees whose assigned or primary offices (e.g. the office from which they are supervised) are in New York, any “normal work day” spent at a home office will be treated as a day worked outside New York only if the respective taxpayer’s home office qualifies as a “bona fide employer office.” Otherwise, such day would be considered as a New York day, and subject to state withholding.

     

    There are a number of factors that determine whether your employer has established a bona fide employer office at your telecommuting location. 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. You being able to telecommute from home must be a requirement of the job, rather than out of convenience for you. 

     

    New York Tax Treatment of Nonresidents and Part-Year Residents Application of the Convenience of the Employer Test to Telecommuters and Others

     

    @elisekushner

     

    **Say "Thanks" by clicking the thumb icon in a post. **Mark the post that answers your question by clicking on "Mark as Best Answer"