I’m based in the NYC office but have lived in Florida the entirety of last year and while doing my taxes found out I owed NY state tax. I researched that they count Telecommuting as days worked in the state but looked into it and it says “when the arrangement is for convenience rather than by necessity.” Could the pandemic count living here as a necessity and get around paying the state tax? Anyone in a similar situation, or do I have to pay?

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It is not considered a necessity

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The NY convenience of the employer rule is very hard to get around. Check out some of the case law around it.

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I think you are out of luck here.

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Out of luck for now, wait for the court cases to roll through.

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Thanks for the responses, had a feeling I was out of luck. Started back in September so always thought people did this often to get out of state tax and was under the impression NY was fighting to make this a law, didn’t know it already was one until I filed.

You're out of luck. It's based on the location of the office.

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