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April 16, 2025
Question

I live in Fl, but worked and still own a house in NY. Is my pension considered "NY sourced income" if it comes from the firm's corporate offices located in Cleveland OH?

  • April 16, 2025
  • 1 reply
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The pension program is also administered out of the Cleveland OH office.

1 reply

April 16, 2025

If you are NOT in NY when you receive the pension income, it is NOT taxable by NY.

Since you own a house in NY, if you are there as a part year resident, then for the percent of time you spend in NY, it would be taxable as NY income.

The fact that it comes from a corporate office in OH, does not have any affect on your pension taxability.  The only thing that affects who taxes it is where you live when you receive it. 

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April 16, 2025

I spend approximately 60 days a year there.

Are they entitled to 60/365 or 60/183 of the income?  183 represent the number of days they no longer consider you a part time resident.

 

I also have a deferred compensation plan from my prior company that is reported on a W2.  Does the same rule apply for that income?  Social Security?

 

My understanding that dividends and interest income is not considered.

April 16, 2025

No.  If you are considered a non-resident, then none of your pension is taxable to NY.  A state cannot tax your pension if you are a non-resident. If you were a part year resident, then they would tax it on a prorated amount. 

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