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did you move to GA for your convenience or was it required by your employer?
it makes a difference and could explain why your employer did not split the wages between NY and GA.
did you provide your employer with a GA permanent address and did the employer withhold GA state taxes? or did it withhold NY taxes for the entire year.
NCperson is assuming that when you moved to Georgia you were working remotely, telecommuting to your employer's New York office. Is that what you were doing, or were you working at the employer's location in Georgia?
@rjs - that is certainly what I was probing for.,....but isn't it stronger than simply working at the employer's location in GA? I could be assigned to a NY role, but decided for my convenience to work out of my employer's GA office, even though my job is assigned to the NY office. Isn't that still 'of convenience'?
now if the employer required me to relocate to the GA office, that is a whole different story.
I think that's a very unlikely, perhaps far-fetched, scenario. The New York TSB-M-06(5)I document, which explains the "convenience of the employer" test, refers specifically to a "home office," i.e. an office in the employee's home. I don't think they would consider an employee who works in the employer's Georgia office to be a telecommuter, even if the employee routinely logs in to a server in New York. An employee who asks to be relocated, even if just for personal preference, would not generally be considered to still be an employee of the previous location.
But let's wait and see what additional details swolk25 provides about her specific situation.
A more important question that is preliminary to the other questions is, Where is your permanent residence? And, did you change your permanent residence when you moved from New York to Georgia?
your permanent residence, or domicile, is your single permanent home. You can only have one domicile at a time. There’s no single fact that determines where your domicile is located; it is a combination of all facts and circumstances, including where you live, where you work, location of significant social relationships, schools for your children, your doctor, church, attorney, car and driver registration, and so on. It is possible to live away from your domicile for a long time, maybe even years, without actually changing your domicile, if you still consider it your home, and intend to return after the temporary assignment is over.
If your domicile was always in Georgia and you were temporary living in New York; or your domicile is still in New York and you have temporarily relocated to Georgia; or your domicile was in New York, and you left that domicile and established a new permanent home in Georgia; that answer will also influence where and how you should properly pay state income tax.
Then, after you tell us where your domicile is located, and whether you changed permanent homes when you moved, you will then need to tell us, where your employer is located, if you are working remotely, and why.
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