Convenience rule

Forum|Forum|3 years ago
January 12, 2023
2 replies
10 views

I live in Virginia and was hired to work remotely for a company based in New work State. Would my home office be considered a bona fide employer location? Or would NY still tax my income? Would I be able to get back all the money I paid to NY in taxes since I live and physically work in Virginia?

Not A Product Question

Cynthiad66

Level 14

No your home office would not be considered a Bona-fide employer location.

Yes NY will be able to tax your income.

Yes you will be able to file as a Non-Resident of NY to receive credit for the withholding on your Virginia return

New York state is one of those states with strict filing requirements for Non-Residents.

You will need to file a nonresident return for NY if there is NY withholding on your W-2. If you are filing a resident return for Virginia, you will be given a credit for the amount of tax you must pay on this telecommuting income to the other state.

Use the links below for further guidance on these issues:

How to Enter NY income as a Non-Resident

NY Department of Tax on Non-Residents

NY State Non-Resident Workers

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Critter-3

Level 15

If you work in VA from home because the employer has no office in VA for you to work out of then you will file a NY non resident return and pay taxes to NY however your VA resident return will give you a credit for the taxes you pay on the same income to NY. Complete the NY return first in the program so the proper credit can be calculated.