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Level 2
January 28, 2021
Question

NYC resident who works for NJ based company at home in NYC apartment?

  • January 28, 2021
  • 1 reply
  • 14 views

I am told that from April-Dec of 2020 New York is not giving tax payers a credit for taxes paid in NJ if they worked from home from April -Dec.  Therefore taxpayers are facing double taxation?  Maybe this will get settled with the courts.  Any suggestions on how a tax payer should withold for state purposes going forward?  The plan is to work from home at least until July.

 

 

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1 reply

itonewbie
Level 15
January 28, 2021

What are the authoritative sources you were told to use?  It's more a problem for someone who telecommutes from NJ for a NY employer than the other way around.

The governing sections are still NY Tax Law §620 and 20 CRR-NY 120.  Pay special attention to the section that deals with sourcing rules.

For good measure, here's the latest guidance in relation to COVID-19 from NY (which really doesn't say much): https://www.tax.ny.gov/pit/file/nonresident-faqs.htm#telecommuting

---------------------------------------------------------------------------------Still an AllStar
Level 2
January 29, 2021

Thanks for your help!

itonewbie
Level 15
January 29, 2021
---------------------------------------------------------------------------------Still an AllStar