Florida resident working remote for company with offices in New York & Connecticut

[Demideps]

Hello everyone!

Living in FL and working remotely for a company in NYC.  They recently opened an office in Connecticut to move all operations (including my job) there and opened a new office in NYC for executives and VIP's.

I will continue to work remotely but they have said that only people living in CT or going into the CT office will have to abide by CT tax laws.  They want to continue withholding NY state taxes for everyone remote based on a "Convenience of the Employer" rule.

I don't believe this COE rule applies to me since I am in a state that does not have any similar COE rules and I should be subject to the tax laws in CT not NY.  Am I wrong? can they legally do this?  What should I do ?

Thank you!

P.S.

link to why I believe I do not have to continue paying NY state taxes and should be held to the CT standards.

https://portal.ct.gov/DRS/Withholding-Taxes/Nonresidents-who-work-in-Connecticut

[tagteam]

@Critter-3 

[DaveF1006]

It depends. According to this Turbo Tax source, your remote work in NY may be taxable if you’re doing it for yourself and not because your employer requires you to work remotely hence the convenience of employer rule that you refer to. The issue is that is now you are under the jurisdiction in the State of Connecticut not New York but your employer still insists on withholding taxes in the state of New York. At this juncture, you may handle this in one of two ways.

1. Do nothing. You can file a NYS non-resident return and be refunded for all your withholding taxes paid to New York State during the year since you never lived there. 
2.  You can go to the following NYS website and follow instructions on filing an exemption for withholding. According to the instructions, you must file one of the following with your employer to exempt tax withholdings.

• Form IT-2104-E, Certificate of Exemption from Withholding,
• Form IT-2104-IND, New York State Certificate of Exemption from Withholding
• Form IT-2104-MS, New York State Withholding Exemption Certificate for Military Service Personnel.

@Demideps 

[Demideps]

Thanks @DaveF1006  I will look into this!