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Merlo
Merlo, Accountant
Category: Tax
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Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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Do I have to file New York State return if I received 1099

Resolved Question:

Do I have to file New York State return if I received 1099 Misc (nonemployee comp) for $1,500 from NY, but I was an Oregon resident in 2008 and filing OR income tax return.
Submitted: 7 years ago.
Category: Tax
Expert:  Merlo replied 7 years ago.
Hello alex,

You only have to file a NY state return if the work you performed was actually physically done in the state of NY.

If the 1099 form you received is simply from a firm located in NY, but you actually did the work from your home in the state of OR, then you do not need to file a NY state return.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you alex.

Customer: replied 7 years ago.

The work was done in NY not in OR. Does the state of NY has filing limit on income made? I made there only $1,500. I know in OR the limit is 3,700 for married filling jointly.

Expert:  Merlo replied 7 years ago.
Hello again alex,

The limits on income do not apply to non residents, so if you actually performed the work in the state of NY, you would need to file a non resident return with NY state. Any tax that you pay to NY state will be allowed as a credit on your OR state return, so there will be no double taxation at the state level on that same income.

If this was helpful please press the Accept button.

Thank you alex

Customer: replied 7 years ago.
That was helpful! Do you know by any chance a place where I could read more about this subject?
Expert:  Merlo replied 7 years ago.
Hello again alex,

The only thing that I can think of is to refer you to the instructions for filing a non resident return with the state of NY. But those instructions will not tell you about the credit that OR is going to allow you on the OR state return. That is just something that is standard with all states.

http://www.tax.state.ny.us/pdf/2008/inc/it203i_2008.pdf



Merlo and 2 other Tax Specialists are ready to help you
Customer: replied 7 years ago.
I have been looking at these instructions. They don't explain this very well. Thank you!
Expert:  Merlo replied 7 years ago.
Hello again alex,

The thing you have to keep in mind about NY non resident returns is that you need to report all of your federal income in the first column and then all of your NY income in the second column. You then figure your tax based on your total federal income, but then only pay a percentage of the tax based on the percentage of income you actually have from there.

If you use one of the software programs such as Turbo Tax, it will make these calculations for you.
Customer: replied 7 years ago.
Thank you for the tip! I'll keep this in mind!
Expert:  Merlo replied 7 years ago.
Thanks alex, and good luck with filing your return
Customer: replied 7 years ago.
thanks, it's not mine return...I dicided to do a good deed and help someone with their tax return. Well, this person's return turned out to be a little comlicated. This person also made money in CA. So, I need to file returns for OR, CA, and NY now. Thank you for your help!
Expert:  Merlo replied 7 years ago.
Thank you for using JA

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