Student question about residency and taxes

Forum|Forum|4 years ago
July 29, 2021
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Hi! So I am from Florida which is my permanent residence where I live with my parents. I started a remote job in February (job is based PA but I was hired full time remote). I am a graduate student in New York City and moved to NYC for school in March. I got an apartment in NYC for the duration of the graduate program and will be moving back to Florida at the end of the program. My boss though is claiming she needs my W2 to be for NYC. As a student wouldn't Florida be where I file since I am a student and dependent still?

Thanks!

Not A Product Question

Hal_Al

Employee

Here's some references:

https://www.tax.ny.gov/pdf/memos/income/m09_15i.pdf

https://www.tax.ny.gov/pit/file/nonresident-faqs.htm#nyc

My interpretation of all that gobbledygook, is that only undergrads are eligible for the student exception to the residency rules. You are, most likely, a NYC (and NYS) resident for income tax purposes.

Critter-3

The address for the federal W-4 form is immaterial to the state taxes that are withheld on the paycheck. You need to also fill in a NY state withholding form which can also have the FL address on it. That is where you want the W-2 to be mailed and the employer cannot stop you from putting the FL address on either W-4 form.

bb698Author

Ok so in terms of my employer, she says she’s being charged employer taxes for both states? Is that even possible? Wouldn’t she just be needing to pay NYC?