Job doesnt want to consider me as remote but I almost never go into the office and reside in another state

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Your employer’s only job is to withhold taxes on your behalf for the state/municipality in which they believe the work is being performed or where the office is located. It’s your job to accurately file taxes in any respective locale in which you have worked, according to the laws that govern that locale. If you live in state A but your main office is based out of state B, your company is responsible for withholding taxes for state B and you are responsible for filing taxes for both A and B. You need to look up the laws for both places to see how they handle remote work and whether or not you are entitled to a refund since the majority of your work was performed from home. Some states or cities say that where your employer designates your office is considered where you work, even if you never step foot in the state.


Not sure if this applies to you but my company lets people wfh but won’t designate them home based because official home based staff get office equipment ( monitors, docking station, printer, etc) allocated to them, a $2000 set up budget, annual supply budget and internet subsidized. Some departments don’t have the budget to support that for all staff. So we can work from home but remain designated as office based in the HR system. I’m OK with that.


The fact that you go into the office once per month is really working against you. When were you hired? My understanding is that Just because you go into the office infrequently that does not automatically mean you’re a “remote” employee. By the way, the whole ‘another state’ thing is a total red herring. Its common for neighboring states to operate in this way. I.e. live in New Hampshire but have your job in Massachusetts.


Your taxes will be the same either way. It is your responsibility to keep track of how many days you work in each state and fill out both state tax forms accordingly. This will reconcile the same whether your company takes out NJ or NY taxes.


Remote/not remote doesn’t really affect your taxes. Living and working in different states can but businesses can have processes set up for this. Especially in the New York area. I live in Virginia but have worked in DC and payroll knew to only apply Virginia taxes and not DC ones. Though there are some bureaucratic hurdles so some businesses simply can’t hire people who don’t live in certain states (so double check before planning a drastic move). However, places can make mistakes and maybe they withheld your taxes at New Jersey rates instead of New York ones. That is a pain but ultimately you can correct it so that you receive a credit back from New Jersey and use that to pay New York. Complicated and you may still owe a little bit left over but you’re not completely screwed. Or, based on reciprocity (or lack thereof) you owe both NY and NJ taxes which again, will stink but you can correct it going forward so you at least aren’t surprised by a big bill.