My employer is in NY. I live in PA but commute to work in NY. Does my employer need to register in PA?

Is there anything my employer needs to do since I live in PA? My employer is registered in NY and I work there but they are giving me a hard time about my recent move. Any suggestions on how to handle?

withholding payroll

asked 18 Nov '10, 19:40

KK
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accept rate: 0%

edited 18 Nov '10, 19:52

Bill-EA
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One Answer:

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I disagree with Bill-EA that nexus is triggered for your NY employer because you moved to PA.

If your employer is in NY and you commute to and work there, but happen to live in PA, your employer has no obligation to PA as far as any sort of registration or tax withholding if they are not otherwise doing business in the state.

If there is no nexus to PA, the only obligation your employer has is to properly withhold NY state taxes on your salary.

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answered 19 Nov '10, 21:34

Stephen Ashb...
648●1●4
accept rate: 4%

I'm with Stephen on this, and I too disagree with Bill. Your employer is under NO obligation to register with PA. YOU, on the other hand, are required to file and pay taxes to PA. YOU need to make estimated tax payments to PA.

You will also likely still have to file and pay tax to NY, as a nonresident. So I'd suggest you allow your employer to continue to withhold NY taxes for you. You'll have to see how to claim any allowable credit on your PA return for the taxes you pay to NY.

Find a local tax pro TODAY!

(29 Nov '10, 20:10) EAgent

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