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Anne_C
Anne_C, Tax Attorney
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Experience:  Attorney, JD awarded with Certification in Tax Law
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My company is based in ny however I was a traveling sales rep

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My company is based in ny however I was a traveling sales rep and work out of my home office in Pa. I did not work at the NY office. In June the let 22 employees go. I being one of the 22. I'm on NY unemployment. I was told that unemployment should be pay by Pa not NY. Is this true? Also I have always pay Pa. Taxes and not NY state taxes. I did not work in the Ny office. However my accountant thinks that I should of always paid NY state taxes. We have a new accountant this year. The old accountant said I did not have to file in NY because I work out of my home and travel so much. The new accountant feels that NY state will come after me for the past years. I did file with NY this year but only for the unemployment income not any money I made before. Please let me know what is the correct law. I have been told 2 different things.
Submitted: 3 years ago.
Category: Tax
Expert:  Anne_C replied 3 years ago.

Good Afternoon -

Your post wasn't too clear on the issue - I couldn't tell if your employer was withholding Pennsylvania payroll taxes, or you personally were paying other Pennsylvania taxes; or if your employer was withholding New York payroll taxes.

However, the answer on unemployment is that you should be paid unemployment by the state you paid unemployment taxes to - which are the taxes withheld from your payroll. Your company's pay stubs should show which state taxes were being paid to.

Your company could have chosen to pay payroll taxes either to New York or Pennsylvania - either one was fine. I suspect your company was withholding New York payroll taxes - otherwise, you wouldn't qualify for New York unemployment.

However, if your company was withholding New York payroll taxes, you would have needed to file non-resident tax returns with the State of New York all along.

Customer: replied 3 years ago.
My company did not withhold NY payroll taxs, only federal tax and SS. I paid estimated to Pa. Do I owe NY state tax? My company was based in NY however I had an in home office in Pa. And traveled 7 months a year as a sales rep.
Expert:  Anne_C replied 3 years ago.
No, it sounds like you did the right thing - except you should be getting unemployment from Pennsylvania, not New York.
Customer: replied 3 years ago.
Why is that? What was done wrong and do I need to make any changes? Also the company payed into NY unemployment.
Expert:  Anne_C replied 3 years ago.

Ah, I see; I didn't read your last response carefully enough. Usually, companies will pay payroll taxes and withholding to the same state, so I made the assumption that the unemployment withholding was paid to Pennsylvania. Since it was paid to New York, you are fine.

I agree with the first accountant, not the second.

Anne_C, Tax Attorney
Category: Tax
Satisfied Customers: 2302
Experience: Attorney, JD awarded with Certification in Tax Law
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