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March 27, 2024
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I was NJ remote worker for a NY company. I only had taxes withheld for NJ. Now it says I owe a lot of tax in NY. Is there anything I can do to avoid paying double taxes?

  • March 27, 2024
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As the question states above. For extra detail, the company I worked for is based in a different state but is incorporated in NY and not in NJ, hence why I received W2s for both NY and NJ.

All my googling has shown is that if I withheld in NY then I could receive a credit back for NJ but since I only withheld for NJ I'm not sure if i can get a credit for taxes currently owed to NY. I also withheld the maximum amount for NJ.
Best answer by TomD8

Thank you for your helpful reply to the OP's inquiry. It is closely related to mine, but I fear something remains unclear to me. 

 

In my case I too am working remotely in NJ full time for a NY company, but they have apparently opted to only withhold NY taxes. When selecting withholdings as part of the onboarding process, should I select an amount for both NJ and NY? This seems to me that it would be in fact causing the double taxation that NJ would otherwise credit. Am I supposed to go the tax year opting additional withholdings for two states only to be credited for one when tax season comes around (accepting that NJ will only credit up to my liability for the state)? 


If you are a resident of NJ and you never physically work within New York, not even for a single day, then your work income is not taxable by NY and you should ask your employer to withhold NJ taxes only from your pay.

 

If you work both within and without New York during the year, then the income you earn from the work you perform within NY is taxable by NY.  In this situation you would also be subject to NY's convenience of the employer rule.  That rule states that if you work remotely for an NY employer from an out of state location, then your remotely earned income is taxable by NY if you are working remotely for your own convenience, rather than because you are assigned or required to by your employer.

 

You will find New York's employer withholding rules for non-resident employees on page 45 of this reference:

https://www.tax.ny.gov/pdf/publications/withholding/nys50_1223.pdf

 

Here is a link to NY Form IT-2104.1, which is referred to in the withholding guide:

https://www.tax.ny.gov/pdf/current_forms/it/it2104_1_fill_in.pdf

 

And here is a link to New York's tax memorandum on the "convenience of the employer" rule:

https://www.tax.ny.gov/pdf/memos/income/m06_5i.pdf

 

@Christopher773 

1 reply

KrisD15
March 27, 2024

Please clarify, does the company have office workspace you can use in New York? 

Do you work remotely because you asked to or because the company contracted you as a remote worker? 

 

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daliuAuthor
March 27, 2024

The company has a NY office and I was approved and switched by my own choice to become a fulltime NJ remote worker in 2022 so I was entirely remote for 2023.

 

My understanding is that since I requested it, the NY convenience of employer rule would mean I have to pay taxes in NY, which I wasn't aware of until recently. However, I'm not sure why my company withheld tax for NJ rather than NY in that case.

TomD8Answer
June 4, 2024

Thank you for your helpful reply to the OP's inquiry. It is closely related to mine, but I fear something remains unclear to me. 

 

In my case I too am working remotely in NJ full time for a NY company, but they have apparently opted to only withhold NY taxes. When selecting withholdings as part of the onboarding process, should I select an amount for both NJ and NY? This seems to me that it would be in fact causing the double taxation that NJ would otherwise credit. Am I supposed to go the tax year opting additional withholdings for two states only to be credited for one when tax season comes around (accepting that NJ will only credit up to my liability for the state)? 


If you are a resident of NJ and you never physically work within New York, not even for a single day, then your work income is not taxable by NY and you should ask your employer to withhold NJ taxes only from your pay.

 

If you work both within and without New York during the year, then the income you earn from the work you perform within NY is taxable by NY.  In this situation you would also be subject to NY's convenience of the employer rule.  That rule states that if you work remotely for an NY employer from an out of state location, then your remotely earned income is taxable by NY if you are working remotely for your own convenience, rather than because you are assigned or required to by your employer.

 

You will find New York's employer withholding rules for non-resident employees on page 45 of this reference:

https://www.tax.ny.gov/pdf/publications/withholding/nys50_1223.pdf

 

Here is a link to NY Form IT-2104.1, which is referred to in the withholding guide:

https://www.tax.ny.gov/pdf/current_forms/it/it2104_1_fill_in.pdf

 

And here is a link to New York's tax memorandum on the "convenience of the employer" rule:

https://www.tax.ny.gov/pdf/memos/income/m06_5i.pdf

 

@Christopher773 

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