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    jamshak's Avatar
    jamshak Posts: 1, Reputation: 1
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    #1

    Feb 1, 2012, 06:23 PM
    Live and work in albany ny
    I live and work in Albany NY yet my employer takes NYC taxes out of me. Can this be done?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 1, 2012, 06:34 PM
    In one word, no. How does your employer explain this?

    NYS taxes, of course. NYC taxes, no.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #3

    Feb 2, 2012, 03:28 PM
    Actually, it CAN be done.

    It is NOT proper if the worker does not work in NYC, but it CAN be done. However, it is, at worst, a nuisance, because the NYC income tax calculations is embedded in the NY state tax forms (IT-201 for residents; IT-203 for part-year or non-residents), so the withheld taxes are pooled with the withheld taxes for the state income taxes.

    Hence, when the OP files his/her return, the withheld NYC taxes will be combined with the state withheld taxes and, if the return is completed accurately, will be return to him/her as a refund.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 2, 2012, 04:11 PM
    "Atlanta" is correct, of course - it CAN be done and, in your case, it HAS been done. I was referring to the legality or common sense of deducting NYC taxes from a paycheck when the person does not owe NYC taxes, thus reducing the weekly gross income.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #5

    Feb 3, 2012, 11:54 AM
    Judy:

    I made that because improper withholding happens a lot more than you think.
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