OPINION Court: Out-of-State Telecommuter Must Pay New York Income Tax

In a recent decision that might have wide ranging implications for the growing number of people who work by telecommuting from home, the New York Appeals Court ruled that a Nashville man who works remotely via a PC for a New York-based union — but 25 percent of the time performs his employment within New York borders — must pay New York income tax for his entire salary.Thomas Huckaby, a Tennessee computer programmer, worked 75 percent of the time from his home and would travel to New York to work only about a quarter of the time during the period in question. He initially paid New York State income tax on just 25 percent of his earnings.However, relying on a New York law that states that a worker’s income is taxable if he or she chooses to live outside the state, as opposed to if she/he is transferred to another location, the New York Appeals Court decided that New York has the right to tax 100 percent of a non-resident employee’s income derived from New York sources.Huckaby argued that since he only worked at the company’s New York headquarters 25 percent of the time, he should only have to pay… Read full this story

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