Working and Living in NY remotely all year but office location is in VA

[grovaibhav1994]

Hi 

I am thinking of moving to NY from VA in May 2022. My office location will still remain in VA but I will be living and working in NY all year from May to Dec 2022 hence establishing NY residency and VA nonresident.

Will my employer withheld state taxes for both VA and NY in this case ? Will VA offer non-resident credit for SAME income taxed by NY or vice-versa? Is there a way to get my employer to only withhold taxes in NY since that is my residency state and not withhold VA state taxes ?

Thanks 

[MaryK4]

If you establish residency in New York in May, you will be a part-year resident of Virginia and part-year resident of New York.  You must contact your employer to change the withholding- once you do, you should only have NY withholding.  You will not have to worry about the credit for taxes paid to another state since you will be able to separate and report your income to Virginia and New York.  

[grovaibhav1994]

Thanks for your quick response. I checked with work payroll and they want to withhold taxes for both VA (since that’s my office location) and NY(state of residency). Is there a way to have them only withhold taxes for state of residency? 

thanks 

[Vanessa A]

You would have to ask your employer to not withhold the VA taxes.  Since you are not a Non Resident of Virginia performing the services in the state of VA, your wages are not subject to VA taxes. 

[TomD8]

Since you're not moving until May, you definitely WANT your employer to withhold VA taxes until then.  As long as VA remains your resident state, your income remains taxable by VA - regardless of where you earn it.