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Is telecommuting due to covid valid for taking the home office deduction for W-2 employee for New York State Tax Return?

Personal Finance & Money Asked on May 27, 2021

For W-2 employees, as far as I know, you cannot take the home office deduction for your federal return, if the reason is telecommuting due to covid. It must pass the "convenience of the employer" rule test and IRS makes it clear working remotely due to covid doesn’t count. In fact, unreimbursed employee deductions are quite limited, if not impossible, on your federal return for W-2 employees.

However, from what I understand, New York State doesn’t go by the 2020 IRS home office and employee expenses tax laws. It still uses the 2017 IRS tax laws for these use cases. And, last I checked, there’s no language in the 2017 IRS 587 or 2106 form instructions which state W-2 employee working from home due to a global pandemic is not a valid reason to take the home office deduction:

https://www.tax.ny.gov/pit/file/itemized-deductions.htm

So, the question is would New York State accept a home office deduction if the reason is you’re working from home due to covid? Does that pass the "convenience of the employer" test under 2017 IRS tax laws?

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