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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 13117
Experience:  15years with H & R Block. Divisional leader, Instructor
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NY is my primary residence. I work in Delaware and recently

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NY is my primary residence. I work in Delaware and recently bought a home in DE. The company I work for has me assigned to an office in NJ but I mainly work in DE. Currently I am paying taxes for NJ (SUI and State Inc taxes) and NY (State Inc taxes). Is this correct or should I be paying taxes in DE?

Robin D : Hello and thank you for using Just Answer,If you live in Delaware then that would be your resident state and they will expect a part year tax return for the potion of the year that you are not resident. Delaware does not have reciprocity with any state. Withholding is only required in the "duty assigned state". Delaware provides a credit against the state liability for taxes paid by its residents to other states.As you are assigned in NJ you would be taxed in NJ and Delaware. NJ as a nonresident and Delaware as a resident
Robin D : You should not be taxed in NY as you are not resident there nor are you working in NY
Robin D : NY can generally require that an employee remain an employee for withholding unless they are reassigned outside the state
Robin D : and
Robin D : the work cannot be done in NY.
Robin D : If you have been reassigned to another state and it is not just for your convience
Robin D : then no NY state should be withheld.
Robin D : Please let me know if I need to clarify before your rate (rating lets Just Answer know you were assisted).
Customer: I own a home in NY and in DE. If I change my primary residency to DE then will I have to pay nonresident taxes in NJ and NY?
Robin D : You would need to pay in NJ because that is your assigned office and you work out of the NJ location. NY would not require you to pay any tax there (except property tax and if you sale the property there tax on gain but as a Nonresident).
Robin D : You should just be Delaware (resident per the date you moved there) and NJ (nonresident and income earned while physically in NJ)
Robin D : I hope that explains your situation.
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