New York nonresident

[SLucy2023]

Do I need to file a New York non-resident return and file New York taxes? These are the facts:

-I live and work 100% of the time in Utah from my home office.

-I was hired remotely and have not physically worked in New York

-The Company’s office is located in New York City and has withheld only Utah state taxes

-I was hired remotely to perform all of my duties remotely since there is no office space available for me.

Thank you.

[MindyB]

No, based on the information you provided, it does not sound like you have a NY filing obligation.

New York has a Convenience of the Employer Rule. That means, if your employer requires you to work from home, your wages are not taxable in NY. If you are allowed to work from home, as a convenience to you as the employee, then the wages are taxable in NY, whether or not you work there physically.  

It sounds like, since there is no space available for you, you are required to work from home.  Thus, the wages are not taxable to NY, and instead they are taxable to UT.