New York's "convenience of the employer" rule

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  • rwm221
    Senior Member
    • Feb 2018
    • 128

    #1

    New York's "convenience of the employer" rule

    I have a client that lives in Arizona, but her company is in New York. In 2025 I filed her as a resident of AZ because they took AZ taxes out. She recently got a letter from her companying saying that they are going to enforce the New York's "convenience of the employer" rule., Now they are taking out both AZ and New York taxes. Does that sound correct and how will I file her next year. She was going to have them stop taking AZ taxes out, but her income is earned in AZ
  • Uncle Sam
    Senior Member
    • Jul 2006
    • 1480

    #2
    Here's the link to the instructions on "convenience of the employer"
    Uncle Sam, CPA, EA. ARA, NTPI Fellow

    Comment

    • Rapid Robert
      Senior Member
      • Oct 2015
      • 2027

      #3
      Originally posted by rwm221
      • I have a client that lives in Arizona
      • In 2025 I filed her as a resident of AZ because they took AZ taxes out.
      • She was going to have them stop taking AZ taxes out, but her income is earned in AZ
      Maybe you could walk us through which state you think she is a resident of, and why.

      "You said it, they'll never know the difference. Come on, we'll paint our way out!" - Moe Howard
      "That's enough! When you didn't know what you were talking about, you really had something! [to Curly]" -Moe Howard

      Comment

      • rwm221
        Senior Member
        • Feb 2018
        • 128

        #4
        In the past 2 years that I have done this individual; she has had a w2 from this company with AZ taxes withheld so I filed her as a resident. This will be the first time they will be taxing her twice. Alot of clients I have give me w2's with another's states and only AZ taxes withheld.

        Comment

        • rwm221
          Senior Member
          • Feb 2018
          • 128

          #5
          So she should stop having AZ taxes taken out? Is this a new law for NY since she did not have to do this for 2023 and 2024 taxes?

          Comment

          • New York Enrolled Agent
            Senior Member
            • Nov 2006
            • 1557

            #6
            Originally posted by rwm221
            So she should stop having AZ taxes taken out? Is this a new law for NY since she did not have to do this for 2023 and 2024 taxes?
            You really need to answer RR’s post. The mere fact that there is state withholding doesn’t make the taxpayer a resident.

            is she a resident of AZ? Did she previously work in NYS for the same employer and move to AZ to live there? You need to provide details of her work history so posters can give you an accurate reply.

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