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Filing New Claim, but Need to Count Self-Employed Income to Qualify

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  • 08-04-2010, 03:52 PM
    drs
    Filing New Claim, but Need to Count Self-Employed Income to Qualify
    My question involves unemployment benefits for the state of: New York

    This is a tricky one and I can find no specific mention of it anywhere online.

    I am getting ready to file a new unemployment claim when I am laid off from a short-term gig in two weeks. My potential benefit year will be made up of the following income:

    1st Quarter: Lots of income with regular job in New York
    2nd Quarter: Lots of income with self-employed work in Canada
    3rd Quarter: Lots of income with self-employed work in Canada
    4th Quarter: Lots of income with self-employed work in Canada
    5th Quarter: Lots of income with self-employed work in Canada
    Current Unfinished Quarter: Very little income with regular job in New York

    Because the income in Canada is via self-employment, there is no way to collect benefits from Canada. I have paid non-resident tax in Canada, but nothing into Canada's Employment Insurance.

    The problem with filing a new claim in New York is that my total benefit year earnings will NOT equal 1.5 times my high-quarter earnings.

    (Some info that may or may not be important: I have an old unemployment claim in New York that I ended up using very little of, but that benefit year expired in June, 2009.)

    The question: Can anyone see a way to actually get a new claim approved? The way I see it, I would need to get them to include the Canadian self-employed income as part of my benefit year total earnings, but this is not something that is allowable. (I think.)
  • 08-04-2010, 06:16 PM
    PattyPA
    Re: Filing New Claim, but Need to Count Self-Employed Income to Qualify
    Self-employment income is not reportable wages in ANY state, unless you treated yourself as an employee and reported your WAGES and paid the applicable unemployment tax.

    Personally, I think your chances are zero.
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