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RD
RD, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 8784
Experience:  CPA, MBA, Over 10 yrs of experience in tax planning and business consulting..
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I work for a company based in New York, I live in Tennessee.

Resolved Question:

I work for a company based in New York, I live in Tennessee. my work keeps me on the road, state taxes are taken when i am in states that have state income tax paid to that state, now i am told that in states that dont have a state income tax that I must pay New York state tax even though I live in a state with out. I have been on the road for over 20 years, worked for several companies and this has never happened. Are they right?
Submitted: 6 years ago.
Category: Tax
Expert:  RD replied 6 years ago.

RD :

Do you perform any services in NY State? or do you perform from TN State? How may days in the year do you work in NY?

JACUSTOMER-2vihd71w- :

I work for a touring broadway show so it veries but last year I worked 4 days in New York, I am in a differant city every week or so, all across the country.

RD :

Normally, you are considered a NY non resident if



1. You did not maintain any permanent place of abode in


New York State during the tax year; and


2. You maintained a permanent place of abode outside New York State


during the entire tax year; and


3. You spent 30 days or less (a part of a day is a day for this


purpose) in New York State during the tax year.


RD :

However, if you spent more than 30 days in NY in a year than you will be considered a resident and subject to NY State tax.

RD :

If this is the case, than you are subject to NY State tax.

JACUSTOMER-2vihd71w- :

if it does not apply is my employer allowed to deduct New York State Tax?

JACUSTOMER-2vihd71w- :

and where can i find the paper to show them, to make them stop.

RD :

If this does not apply than you are a non resident of NY and hence not subject to NY State tax.

JACUSTOMER-2vihd71w- :

and where can I find the paper to show them, to make them stop.

RD :

You can use the form at the link below

JACUSTOMER-2vihd71w- :

Where did you find this information


 


1. You did not maintain any permanent place of abode in


New York State during the tax year; and


2. You maintained a permanent place of abode outside New York State


during the entire tax year; and


3. You spent 30 days or less (a part of a day is a day for this


purpose) in New York State during the tax year.

RD :

It's even specified in the link to the form provided by me

RD :

Let me know if you have any questions. You can now accept the answer.

RD and 4 other Tax Specialists are ready to help you