NY Unemployment - NJ Resident

Jan 24, 2010 3 Replies

If a NJ resident's only NY income is unemployment (due to a job the prior year in NY), do they have to file a NY return? There was no earned income in NY for 2009.


NYS requires a nonresident to file if there is NY source income and NY AGI as measured as if you were a resident exceeds the NY standard deduction. NY unemployment compensation is considered NY source income.

So,, complete the IT-203 (nonresident return) through line 31. Look at the NY AGI on Line 31 in the Federal column (not the NYS amount column). If it is higher than your NY std deduction (see table below Line 36), you have to file.

unemployment (due to a job the

Is the NY unemployment taxable in NJ? The NJ website says

Are unemployment or disability payments taxable for New Jersey gross income tax purposes? Unemployment compensation is not subject to New Jersey gross income tax and should not be included on the New Jersey gross income tax return. Likewise, temporary disability (including family leave insurance benefits) received from the State of New Jersey or as third party sick pay is not subject to New Jersey gross income tax and should not be included on the New Jersey gross income tax return.

But I'm not sure if the first sentence means unemployment compensation from any state, or unemployment compensation just from NJ.

Assuming it is taxable in NJ, then does he take a credit for taxes paid to NY on the NJ return, or taxes paid to NJ on the NY return?

unemployment (due to a job the

As far as I know, the NJ Gross Income tax does not tax any unemployment benefits.

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