Live in FL Employer based in NY

[heidi70]

What is the name of your state? Florida

I am a pilot. I live in Florida but my employer is based in New York. My paycheck originates from the State of NY and NY State taxes are currently being witheld. I fly throughout the country but do not physically work out of NY.

Before I consult with a tax specialist on this, does anyone know if I am able to file for a refund on the income taxes witheld for the State of NY given that I live in the State of Florida?

I have read that New York source income of a nonresident does not include the following income even if it was included in my federal adjusted gross income: "compensation yreceived from an interstate air carrier if 50% or less of the compensation received from the air carrier is earned in New York State".

I spend only a fraction of my time flying within New York State.

Many thanks.

[abezon]

Yes. You'll file a NY non-resident return & declare that none of the wages reported as NY wages are actually NY-source income. You should get a full refund. This assumes your home terminal is not in NY.

[heidi70]

Thanks Abezon.

I have read that New York source income of a nonresident does not include the following income even if it was included in my federal adjusted gross income: "compensation received from an interstate air carrier if 50% or less of the compensation received from the air carrier is earned in New York State".

Would this apply to me?

I ive in FL but work for a corporate flight department with a base in NY. Their corporate headquarters are based in NY also.

[abezon]

I don't know. Where do you get on & off the plane? Do you fly out of any other bases? Where do your flights go? If you add up all the time you are physically in NY or over NY airspace, does it exceed 50% of your total work time?