I got a paycheck and W2 in 2019 for work done in NY (+tax paid) as a nonresident in 2018. I didn't work in NY in 2019. Do I actually owe tax to NY?

[einholen]

The paycheck had partial withholdings to NY and to my resident state. I know that whenever I work a single day in NY, NY wants a portion of my taxes equivalent to number of days spent in NY for work. I was in NY for a few days in 2018 while I was performing work for which I got paid in 2019, but didn't work there in 2019. Do I owe any tax to New York for 2019?

[MaryK4 · Accepted solution]

If your company is in New York and you are a telecommuter, it is possible you may have to pay New York nonresident tax.  However, (most likely) your company did not change the withholding  until into 2019 so you would have to file a nonresident New York state return with zero allocated New York income to get the refund.

[einholen]

Thank you for taking the time to reply! Yes, they did not change the withholding in 2019 and used my 2018 allocations. I was still confused by the fact that I was paid for work actually done in NY in 2018, just next year. I believe that for tax purposes, only the paycheck date matters, and since I was never actually physically present in NY in 2019, I don't owe any tax to that state for this paycheck and W2.

I'm going over state return questionnaire for this company and getting the following results: I wasn't employed by the company in all of 2019, and there are no questions in the tax forms about years other than 2019. Considering this I assume that since I was employed by the company for a total of 0 days in 2019, I multiply my income by 0.

[MaryK4]

That is correct, you would only need to file a New York nonresident income tax return with zero income if you want a refund of the taxes withheld.  If it is not a large amount, you can just skip it.

@einholen

[einholen]

Oh @MaryK4 thanks so much for mentioning that skipping it completely is an option! Yes indeed - I'd have to pay more to just file it than I'd get refunded. 

[MaryK4]

You are welcome- sometimes it costs more to get the refund and since it is not required to file, you can consider it a "donation" to the state of New York.

@einholen