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February 21, 2024
Question

New York State Taxes for non-resident

  • February 21, 2024
  • 2 replies
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I am based in Florida but I worked remotely for 3 days in New York in 2023 because I traveled there for a family event and did not want to take time off. My company is not based in New York. I also do not have a residence in New York. Do I need to file taxes in New York?

2 replies

DawnC
Employee
February 21, 2024

Maybe, but probably not.  Did your employer withhold any NY taxes on your W-2?    If you are a New York State nonresident you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return, if you meet any of the following conditions:

 

  • You are a nonresident with New York source income and your New York adjusted gross income Federal amount column (Form IT-203, line 31) exceeds your New York standard deduction.   The 3 days you worked in NY would be NY sourced income, so depending on the amount and your filing status, check the chart.  
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.  
  • You want to claim any of the refundable or carryover credits available.

You may have additional filing responsibilities if you have Yonkers income, or are subject to the MCTMT.     NY Dept of Taxation and Finance - nonresidents

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February 22, 2024

I sincerely appreciate your guidance 

 

My income did not exceed the standard deduction 

My employer did not withhold NY taxes from my pay or on my W2

 

Based in this, do I need to file? 

Hal_Al
Employee
February 22, 2024

"My income did not exceed the standard deduction.

My employer did not withhold NY taxes from my pay or on my W2"

 

Q. Based in this, do I need to file? 

A. Simple answer: yes. 

 

You say "My income" did not exceed the standard deduction.  You have two "my incomes" on the NY form IT-203, the Federal Amount and the New York State Amount.  It's the NY state amount that gets taxed. But, it's the federal amount that  determines whether you have to file or not.  This is the way it works in almost all states. 

https://www.tax.ny.gov/pdf/current_forms/it/it203_fill_in.pdf

 

 

Hal_Al
Employee
February 21, 2024

Q. Do I need to file taxes in New York?

A. Yes, probably. But, "nobody" does. See http://money.cnn.com/2013/06/28/pf/taxes/business-traveler-tax-threat/  If you live in a state without an income tax (e.g. FL), it’s more likely you should file in the work state, if you meet the filing threshold. You can't use the "it all comes out even" rationale for not filing.