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

ajsmallcpa
Level 1

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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3 Comments 3
itonewbie
Level 15

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

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ajsmallcpa
Level 1

Thanks for your help!

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itonewbie
Level 15

NP, @ajsmallcpa!

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Still an AllStar
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