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I am moving to FL in two months as I am allowed to work remote, however, employer cannot longer keep their offer of associating me to their FL office as of Jan 2024, so I will still get fully NY taxed even if I live in FL, because I may still be required to come to NY for business reasons for no more than 10 business days per year
Employer HR mentioned the IRS could event get access to office building log in records when visiting NY or track business travel related expenses, if they ever wanted to audit me. They stressed out this was my decision to move out of state and not my employer's Therefore, associating me to their Miami office, so that I would not have to pay NY taxes, was risky. They will no longer consider it
Has anyone moved out of NY recently and started working remote in another state?
How has it worked with your NY tax filling?
Do you get fully taxed? partially taxed?
Has your employer indicated that he will be withholding NYS taxes from your pay? This is important.
What is legal and what people are doing are not necessarily the same thing.
This issue has become more widespread since the pandemic. NYS is one of the states that actively pursues "non-resident" employees and uses "convenience of employer" as the standard.
"Based on guidance on its website, the New York Department of Taxation and Finance (“Department”) recently reiterated that it will enforce the New York convenience of the employer rule even during portions of the pandemic when employees were legally prohibited from traveling to New York. The Department stated, “if you are a nonresident whose primary office is in New York State, your days telecommuting during the pandemic are considered days worked in the state unless your employer has established a bona fide employer office at your telecommuting location.”"
I am moving to FL in two months as I am allowed to work remote, however, employer cannot longer keep their offer of associating me to their FL office as of Jan 2024, so I will still get fully NY taxed even if I live in FL, because I may still be required to come to NY for business reasons for no more than 10 business days per year
Employer HR mentioned the IRS could event get access to office building log in records when visiting NY or track business travel related expenses, if they ever wanted to audit me. They stressed out this was my decision to move out of state and not my employer's Therefore, associating me to their Miami office, so that I would not have to pay NY taxes, was risky. They will no longer consider it
Has anyone moved out of NY recently and started working remote in another state?
How has it worked with your NY tax filling?
Do you get fully taxed? partially taxed?
You've acknowledged that your employer informed you that your NY office will remain as your official duty location, since they are not requiring that you relocate, at this time. As such, you will be impacted by the "Convenience of the Employer" rule.
Quote:
Convenience of the Employer Rule
Many people may not realize that you do not need to live in New York or be physically present there to be subject to New York income tax on your wage income. Under the New York “convenience of the employer” rule, the wages of an individual who is a resident of a state other than New York but who works for a New York-based employer, are considered to constitute New York source income unless, out of necessity, the employee is obligated to work outside of the state.
For example, John, who effectively changed his domicile to New Jersey in 2020, is working remotely from his home in New Jersey. John’s employer is a software company based in New York City. Because of the COVID-19 pandemic, John has not crossed the Hudson River and set foot in New York at all. However, due to the New York convenience of the employer rule, unless it can be shown that John must work from home out of necessity, every day spent working from his home in New Jersey will be counted as New York working days, and John will be taxed by New York on all his wage income...
I am moving to FL in two months as I am allowed to work remote, however, employer cannot longer keep their offer of associating me to their FL office as of Jan 2024, so I will still get fully NY taxed even if I live in FL, because I may still be required to come to NY for business reasons for no more than 10 business days per year
Employer HR mentioned the IRS could event get access to office building log in records when visiting NY or track business travel related expenses, if they ever wanted to audit me. They stressed out this was my decision to move out of state and not my employer's Therefore, associating me to their Miami office, so that I would not have to pay NY taxes, was risky. They will no longer consider it
Has anyone moved out of NY recently and started working remote in another state?
How has it worked with your NY tax filling?
Do you get fully taxed? partially taxed?
If the US pursues taxes from people who dont even live and work in the US .. did you really think you could escape the IRS by movin to Florida??
If the US pursues taxes from people who dont even live and work in the US .. did you really think you could escape the IRS by movin to Florida??
And New York is notorious for chasing non-residents for money. Ask all the people who work in NY but live in NJ and CT. The detailed recordkeeping needed by non-residents to allocate NY sourced income from non-NY sourced income is very detailed and often challenged by NYS. My husband had to produce airline tickets and hotel receipts to substantiate his travel days out of New York to preclude NYS taxing that income. Happened almost every year.
If the US pursues taxes from people who dont even live and work in the US .. did you really think you could escape the IRS by movin to Florida??
I am not trying to escape the IRS, i've been paying fed taxes since i live here
I am trying to avoid paying a New York State tax since I won't live, visit NY for work after Dec 2023
You've acknowledged that your employer informed you that your NY office will remain as your official duty location, since they are not requiring that you relocate, at this time. As such, you will be impacted by the "Convenience of the Employer" rule.
Yes, they have
They have concerns of associating me with their Miami office, even when I offered to commute to the local office and quit working remote
They will not make a case for me
On the subject of counting blessings ,,,,The people of Rome were suppressed by the Roman empire for 8 centuries, until they had it and said enough is enough, I can’t go on, let’s through him out! Centuries before Streisand and summer had a hit song!
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