Last week, New York announced that for a nonresident whose primary office is in the state, days telecommuting during the pandemic are considered days worked in New York, unless the employer has established a bona fide employer office at the employee’s telecommuting location. Generally, unless the employer specifically acted to establish a bona fide employer office at the telecommuting location, the nonresident employee will continue to owe New York income tax on income earned while telecommuting.
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