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Live in New York, Work Remotely for a Pennsylvania Employer: Who Taxes You?

Convenience-of-the-employer rule — both states tax youBoth states claim the income

Answer

Both states claim these wages, and the reason is Pennsylvania's convenience rule. Working from home in New York would normally end Pennsylvania's interest; instead Pennsylvania treats days worked at home for your own convenience as Pennsylvania days. Expect two returns and a credit that may not fully cover the gap.

Last verified

A handful of states refuse to accept the ordinary sourcing rule for their own employers' remote staff. Pennsylvania is one of them, and its convenience-of-the-employer rule is the reason this page does not end with "only your home state taxes you".

Pennsylvania sources a nonresident's remote workdays to Pennsylvania when the employee works from home for their own convenience rather than at the employer's requirement. The reciprocal agreements override it: a New Jersey resident working remotely for a Pennsylvania employer owes Pennsylvania nothing.

The rule is not an administrative preference. Pennsylvania applies it under 61 Pa. Code §109.8, and the burden of showing that remote work is an employer necessity rather than an employee convenience falls on you and your employer, not on Pennsylvania Department of Revenue.

A New York resident taxed by another state on the same income claims the credit for taxes paid to other states on Form IT-112-R. The credit is capped at the New York tax on that income, so it removes the double tax but never refunds the excess when the other state charges more.

Pennsylvania also has a layer below the state one, and it is the layer that survives every agreement: Pennsylvania's Act 32 earned income tax is levied by municipalities and school districts across the state, and Philadelphia levies its own wage tax on residents and on nonresidents who work in the city. None of it is covered by the reciprocal agreements, and Philadelphia's nonresident wage tax applies from the first dollar.

What you file

  1. 1Nonresident return · PennsylvaniaForm PA-40 (nonresident)

    File the Pennsylvania nonresident return FIRST — you need the Pennsylvania tax figure before you can complete New York.

  2. 2Resident return · New YorkForm IT-112-R

    File a New York resident return reporting all income, then claim the credit for tax paid to Pennsylvania. The credit is capped at what New York would have charged on that same income, so if Pennsylvania taxes it at a higher rate the difference is not refunded.

The two states, side by side

 New YorkPennsylvania
Taxes wagesYes — graduatedYes — flat
Reciprocity partnersNone6 (Form REV-419)
Convenience ruleYes — general ruleYes — general rule
Nonresident returnForm IT-203Form PA-40 (nonresident)
Credit for other-state taxForm IT-112-RSchedule G-L
Nonresident safe harbourNone publishedNone published
Local income taxYesYes
Revenue departmentNew York State Department of Taxation and FinancePennsylvania Department of Revenue
Last verified

The other direction

Reversing the commute does not always reverse the answer. Living in Pennsylvania and working in New York gives:Convenience-of-the-employer rule — both states tax you.

Pennsylvania to New York →

Same two states, different situation

The withholding answer turns on how you are paid and where the work happens, not only on which two states are involved.

Other New York pairs

Questions people actually ask

I live in New York and work remotely for a Pennsylvania employer. Which state do I pay?

Both states claim these wages, and the reason is Pennsylvania's convenience rule. Working from home in New York would normally end Pennsylvania's interest; instead Pennsylvania treats days worked at home for your own convenience as Pennsylvania days. Expect two returns and a credit that may not fully cover the gap.

Which state should my employer be withholding for?

Both, potentially — and that is the problem. Pennsylvania expects withholding because it claims the income, while New York taxes you as a resident. Many employers withhold only for Pennsylvania, which leaves a New York balance due at filing unless you make estimated payments during the year.

Will I end up paying tax twice on the same income?

Not twice over, but you will pay the higher of the two rates. New York gives residents a credit for tax paid to Pennsylvania on the same income, claimed on Form IT-112-R. The credit is capped at the New York tax on that income, so if Pennsylvania taxes it more heavily the excess is not refunded by either state.

How current is this?

The New York and Pennsylvania rules on this page were last checked against New York State Department of Taxation and Finance and Pennsylvania Department of Revenue on 2026-08-07. We re-check the full grid every December after state legislative sessions close, and re-check the convenience-of-the-employer states quarterly because that is where the rules move fastest.

Sources

Every fact above comes from the revenue department that publishes the rule. We do not cite secondary summaries, and we do not restate a figure we could not find at source.