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January 18, 2025
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I live in New York. I will begin a job soon that is remote, but headquarters are in Delaware. Would I need to pay state taxes in both NY and DE?

  • January 18, 2025
  • 1 reply
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    Best answer by TomD8

    It depends.  Delaware is one of a small handful of states that has a "Convenience of the Employer" law.  That means that if you work remotely for a Delaware employer for your own convenience, rather than because you were required to do so by your employer, then your remotely earned income is taxable by Delaware (as well as by your home state).

     

    So, unless your employer is requiring you to work remotely, your income is taxable by both DE and NY.

     

    In that circumstance, NY will grant you an "other state credit" for the tax you pay to DE on the dollars taxed by both states.  .  The credit in effect prevents double taxation, which is prohibited by a U.S. Supreme Court ruling.

     

    If you have to file in both states, prepare your returns in this order in TurboTax:

    1. Federal

    2. Non-resident state

    3. Resident state

     

    Completing the returns in the correct sequence allows the program to correctly calculate and apply your "other state credit."

    1 reply

    TomD8Answer
    Employee
    January 18, 2025

    It depends.  Delaware is one of a small handful of states that has a "Convenience of the Employer" law.  That means that if you work remotely for a Delaware employer for your own convenience, rather than because you were required to do so by your employer, then your remotely earned income is taxable by Delaware (as well as by your home state).

     

    So, unless your employer is requiring you to work remotely, your income is taxable by both DE and NY.

     

    In that circumstance, NY will grant you an "other state credit" for the tax you pay to DE on the dollars taxed by both states.  .  The credit in effect prevents double taxation, which is prohibited by a U.S. Supreme Court ruling.

     

    If you have to file in both states, prepare your returns in this order in TurboTax:

    1. Federal

    2. Non-resident state

    3. Resident state

     

    Completing the returns in the correct sequence allows the program to correctly calculate and apply your "other state credit."

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