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Jackattack736 t1_jdhiq9f wrote

Yeah NY is aggressive in sending those types of letters. NY currently does not recognize any home office as a company office under their "convenience of the employer" rule.

I expect this issue to eventually go to court once NY rules against someone and that person has the resources to sue NY.

Did you have any deferred compensation paid in 2022 that relates to the time that you were still assigned to the NY office? This would be stock options that vested in 2022, bonus paid in 2022 for 2021 performance, etc. Any of that compensation is still subject to NY tax under their accrual rule-you have to use Form 203-F to separate out that compensation from your salary.

Good luck, NY blows

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xenonjim OP t1_jdhp0sy wrote

Thanks for the info. What's the usual process once I respond to their letter? Doesn't sound like they're just gonna say "oh, OK, you're good"

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Jackattack736 t1_jdhptvh wrote

My recommendation would be to respond to the letter with all of the facts you have at your disposal-copy of the letter appointing you to a home office, how your company determined it was a bona fides company office, a cover letter explaining what you explained in the post, etc.

If they start assessing tax after your response, would probably be a good idea to get an accountant to take over before you pay it

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