Welcome Guest. Register Now!  



Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1 (permalink)  
Old 01-19-2017, 10:24 AM
Junior Member
 
Join Date: Jan 2017
Posts: 1
NY State Remote Work not in TSB-M-06(5)I

NJ res, NY employer (can only) w/hold NY state taxes. Assigned to a client at its office in NJ. When I work from home, do I have to pay NY taxes per TSB-M-06(5)I?

NY memo TSB-M-06(5)I does not include my situation. I do not know if NY would consider my wages derived from NY when I work from home as I do not fit the statement: "whose assigned or primary work location is in New York State"

I am concerned my small employer would not be able or willing to furnish a statement on behalf to a NY auditor that I was assigned to one of its client's NJ office. Following the NY allocation criteria, I would only be obligated to pay NY state when I physically go to my employer's office to meet. This means I get nearly all NY state tax back (red flag?) and large payout to NJ. My title is consultant, my employer does not have a NJ office, and when I go to the office for my client it is in NJ. When I work from home I am working for the client for which I would have been sitting in its NJ office. I work 100% for this client as a consultant.



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
  #2 (permalink)  
Old 01-20-2017, 02:57 AM
Moderator
 
Join Date: Oct 2010
Posts: 4,728
NJ res, NY employer (can only) w/hold NY state taxes. Assigned to a client at its office in NJ. When I work from home, do I have to pay NY taxes per TSB-M-06(5)I?===> No. Basically, as there is no reciprocal agreement between NJ and NYS, NYS ER usually w/h taxes on out of state I mean NJ EEs?(working in NYS) paychecks; What I mean is that , NYS ER must withhold tax for New York State nonresidents being paid wages for services performed within the state of NYS.

NY memo TSB-M-06(5)I does not include my situation. I do not know if NY would consider my wages derived from NY when I work from home as I do not fit the statement: "whose assigned or primary work location is in New York State"=>As said, UNLESS you are considered to have worked in NYS, NYS ER ?d not w/h taxes from your paychecks as your services are NOT performed within the state of NYS. You need to contact Dept of taxation and finance of NYS for sure. https://www.tax.ny.gov/help/contact/

I am concerned my small employer would not be able or willing to furnish a statement on behalf to a NY auditor that I was assigned to one of its client's NJ office. Following the NY allocation criteria, I would only be obligated to pay NY state when I physically go to my employer's office to meet. This means I get nearly all NY state tax back (red flag?) and large payout to NJ. My title is consultant, my employer does not have a NJ office, and when I go to the office for my client it is in NJ. When I work from home I am working for the client for which I would have been sitting in its NJ office. I work 100% for this client as a consultant.=> As men tioned above, https://www.tax.ny.gov/help/contact/



Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!Reddit! stumble!bookmark in google!Share on Facebook!
Reply With Quote
Ads
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Charging Sales Tax when remote work in another state angelhl Texas 3 09-12-2016 09:10 PM
Charging Sales Tax when remote work in another state angelhl Sole-Proprietorship 0 09-07-2016 10:55 PM
CA residency but RI work/state tax? Thanks!! littlehanboy California 3 03-14-2015 04:53 PM
Valid tax deductions: residence in one state, work full time in another state Joseph55 Itemized Deductions 1 11-12-2012 03:06 AM
Live in NJ, Work in NY - do I pay NY or NJ state? guimion11 Estimated Taxes 1 04-16-2012 01:50 AM

Follow us on Facebook Follow us on Twitter Google Buzz Rss Feeds

» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 » Payroll
 
Forum for CPAs
 
Financial Planning