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December 1, 2024
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I am self-employed(all 1099 income), I reside in Georgia and earn ALL income remotely from NY

  • December 1, 2024
  • 1 reply
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I realize I will probably need to hire a tax pro to help, but in this situation - self-employed and reside in GA  but all income is earned remotely from NY - how do I file taxes? What is done first, next, etc.

 

Also, how does it work as far as paying my quarterly esrtimated state taxes? Will I still send a quarterly estimated tax payment to NY?  

 

Thanks for any guidance.

    Best answer by TomD8

    A non-resident of New York who actually (physically) performs no work within New York State, not even for a single day, has no tax obligation to the State of New York for the income from that work.

     

    On the other hand, your income is fully taxable by your resident state of Georgia.  If no federal or state taxes are being withheld by your 1099 payers, then you must make quarterly estimated tax payments to both the IRS and the State of Georgia.

    1 reply

    TomD8Answer
    Employee
    December 1, 2024

    A non-resident of New York who actually (physically) performs no work within New York State, not even for a single day, has no tax obligation to the State of New York for the income from that work.

     

    On the other hand, your income is fully taxable by your resident state of Georgia.  If no federal or state taxes are being withheld by your 1099 payers, then you must make quarterly estimated tax payments to both the IRS and the State of Georgia.

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    ValemartAuthor
    December 1, 2024

    That's interesting to hear. I would owe nothing to NYS? Even if as I said, my business is in NY, and all my earnings via my clients are coming from NY? Yes, I work remotely from Georgia but 100% of my income is generated from NYS. You seem to be saying if I am physically in Georgia than NYS becomes irrelavant even if my business address and all business is carried out there remotely.

     

    Thanks for the response, btw. 

    Nick

    Employee
    December 2, 2024

    A nonresident who works in another State but who performs no work in New York is not subject to New York State tax liability no matter for whose convenience or necessity he performs the work.” Hayes v. State Tax Comm, 61 A.D.2d 62, 64 (N.Y. App. Div. 1978)

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.