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Live in NJ and work remotely for NYC

Forum|Forum|3 years ago
January 31, 2023
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I live in NJ and have worked fully remote for my employer located in NY. I have never physically step foot into NY to perform my job as I got hired as a remote worker (it's on my offer letter). Does this mean I don't have to file a nonresident NY tax? In my W-2, box 15 & 17, my NJ state taxes were withheld.

Best answer by ErnieS0

Yes. You do not have to file a New York non-resident income tax return if you are fully remote from New Jersey and did not work a day in New York.

New York can only tax you if you are working “within and without” New York state.

Be aware, New York is very aggressive about taxing telecommuters, so you may receive a letter from NY at some point, so keep your letter from your employer.

Read the discussion by @kristinelbly in I work for a NY company, remotely from NC. I spent 1 day in 2017 on site, but my W-2 has full salary in the state earnings boxes for both NC and NY

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ErnieS0Answer

Yes. You do not have to file a New York non-resident income tax return if you are fully remote from New Jersey and did not work a day in New York.

New York can only tax you if you are working “within and without” New York state.

Be aware, New York is very aggressive about taxing telecommuters, so you may receive a letter from NY at some point, so keep your letter from your employer.

Read the discussion by @kristinelbly in I work for a NY company, remotely from NC. I spent 1 day in 2017 on site, but my W-2 has full salary in the state earnings boxes for both NC and NY

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J

js1512Author

@ErnieS0

Thank you very much for your response. I read most of the thread. My question is: besides my offer letter, what can I do to protect myself and/or prove that I did not step inside the NY office? We have one, but they hired me as fully remote (as it's in their job description) and knowing that I would not be able to go to their office.

Hal_Al

Employee

The fact that your employer did not withhold NY tax means you are firm ground to not file a NY return.

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js1512Author

@Hal_Al At first, they were taking out NY taxes, but I switched it over to NJ, since I can in my employee portal. It just made sense to me since I am living in NJ and working fully remote.