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Worked remotely in NJ, live in Florida

We lived in NJ for 3 months and moved to FL. Both me and my husband worked remotely for a NJ company all year. We both withheld for NJ for the 3 months we lived there.

Do I have to file a NJ-1040 AND a NJ-1040NR? I'm additionally confused about the "Convenience of the Employer Sourcing", does it mean that as a FL resident I don't have to pay taxes to NJ? Pls help 😥

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1 Best answer

Accepted Solutions
TomD8
Level 15

Worked remotely in NJ, live in Florida

NJ's "convenience of the employer" rule does not apply to residents of Florida.  See this:

https://www.nj.gov/treasury/taxation/conveniencerule.shtml

 

You must file a part-year resident NJ return only.  The income your husband earned remotely AFTER becoming a Florida resident is not taxable by NJ.

 

All the income earned while he was still an NJ resident is of course fully taxable by NJ.

 

NJ would only tax the wages/salary of a FL resident if it were earned from work actually (physically) carried out within New Jersey.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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2 Replies
TomD8
Level 15

Worked remotely in NJ, live in Florida

NJ's "convenience of the employer" rule does not apply to residents of Florida.  See this:

https://www.nj.gov/treasury/taxation/conveniencerule.shtml

 

You must file a part-year resident NJ return only.  The income your husband earned remotely AFTER becoming a Florida resident is not taxable by NJ.

 

All the income earned while he was still an NJ resident is of course fully taxable by NJ.

 

NJ would only tax the wages/salary of a FL resident if it were earned from work actually (physically) carried out within New Jersey.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

Worked remotely in NJ, live in Florida

My husband ended up calling the State of NJ and they advised the same! 

Thank you so much for your help!!

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