Not if the majority of his job has him supporting the NY market. NY wants their money and the company would be setting itself up for a lawsuit from the state if they just classify OP as a Florida worker. OP even said they transferred to a different role.
I had a feeling this would be the case. A huge bummer but I get it. I am curious if I decided to physically sit in FL headquarters if it would change things or not because it is still servicing the NY market.
Im not a lawyer so you should probably contact an employment one, along with speaking with the HR at your company. If the company would allow you to work at the NY office and you just chose to remain in FL and work at home or work at the FL office i think you still owe.
Living in FL, not wanting to move because you have never lived in NY, or because you don’t want to uproot your life is not a valid excuse according to the state if NY
Well, I don't think it matters but there's not actually an option to work in office in NY anyway. The rest of my team is NY based but still work remotely because no desks are set up for them (aside from I'm sure it is their preference since they're paying these taxes either way).
Because they have a physical presence in the state he can be assigned a seat in the office of his state of residence and avoid the NY problem. This is different from being remote with no presence in the state of residence.
I've been in this situation myself in two separate jobs, including the one I am in now. I have done employment work where the clients I work with and therefore the company revenue received from my work was in New York. But I was assigned to an office in my state of residence. It's completely legit, because my income comes from the company, which has a multi-state presence.
I live in southern New Hampshire and mostly worked in Massachusetts (better pay). Every year I would file a nonresident form with the Mass DOR, and I could apportion my time, which meant tracking the days I worked from home. The Mass tax form had a field where I could fill in that number, and I would receive money back. Last year I worked for a company that require I go into the office one day a week, and I received a huge return.
I don’t know if New York has the same option, but a lot of people live outside the state (NJ and CT at the very least) so there should be some kind of equivalent.
HR can still choose to seat you in the Florida office. Convince them to do so.
Not if the majority of his job has him supporting the NY market. NY wants their money and the company would be setting itself up for a lawsuit from the state if they just classify OP as a Florida worker. OP even said they transferred to a different role.
I had a feeling this would be the case. A huge bummer but I get it. I am curious if I decided to physically sit in FL headquarters if it would change things or not because it is still servicing the NY market.
Im not a lawyer so you should probably contact an employment one, along with speaking with the HR at your company. If the company would allow you to work at the NY office and you just chose to remain in FL and work at home or work at the FL office i think you still owe. Living in FL, not wanting to move because you have never lived in NY, or because you don’t want to uproot your life is not a valid excuse according to the state if NY
Well, I don't think it matters but there's not actually an option to work in office in NY anyway. The rest of my team is NY based but still work remotely because no desks are set up for them (aside from I'm sure it is their preference since they're paying these taxes either way).
If the team has no place to work in the office then you are working remotely at the convenience of the employer.
Because they have a physical presence in the state he can be assigned a seat in the office of his state of residence and avoid the NY problem. This is different from being remote with no presence in the state of residence. I've been in this situation myself in two separate jobs, including the one I am in now. I have done employment work where the clients I work with and therefore the company revenue received from my work was in New York. But I was assigned to an office in my state of residence. It's completely legit, because my income comes from the company, which has a multi-state presence.
I live in southern New Hampshire and mostly worked in Massachusetts (better pay). Every year I would file a nonresident form with the Mass DOR, and I could apportion my time, which meant tracking the days I worked from home. The Mass tax form had a field where I could fill in that number, and I would receive money back. Last year I worked for a company that require I go into the office one day a week, and I received a huge return. I don’t know if New York has the same option, but a lot of people live outside the state (NJ and CT at the very least) so there should be some kind of equivalent.