'Work from anywhere' downside: potential double taxation from states. Here's what to know. (2024)

Wi-Fi, laptops and mobile phones have made work from anywhere a reality for many of us. But working while moving from state to state couldcause atax headache.

If you work in a different state from where you live, you may have to file more than one state income tax return.

Every state has different rules, but states generally require you to pay taxes and file a return if you’re a resident or a nonresident earning income in the state. That is unless the state has a reciprocity agreement with your home state or doesn’t levy an income tax. You may also be required to file a tax return in your employer's state.

State taxes can be complicated, so before heading out to fulfill your wanderlust or escape wintry weather, understand what may be in store for you come tax season.

Don’t worry about these states

States that don’t have an income tax likely won’t require you to file a state income tax return. They are:

  • Alaska
  • Florida
  • Nevada
  • New Hampshire
  • South Dakota
  • Tennessee
  • Texas
  • Wyoming
  • Washington

What is a reciprocal tax agreement?

If you’re working in a state that has a reciprocal tax agreementwith your home state, then your work stateshouldn’t withhold taxes from your paycheck, and you won’t be required to file a return for both states. You would have to file a return only with your home state.

For example, if you live in Wisconsin but commute over the border to Illinois for work, you wouldn’t pay Illinois taxes or file a tax return in that state. You would have to pay only Wisconsin taxes and file its state form.

There are reciprocal agreements across16 statesand the District of Columbia, according to Tax Foundation, a nonprofit research think tank.

What if there is no tax reciprocity?

If there isn’t reciprocity between the two states, some states allow you to get a credit for taxes paid in the state where you’re not living and working. To get the credit, you’d have to file an income tax return in both states.That means filing aresident state income tax form for your home state with all your income sources and a nonresident tax return with only your employment income.

NOTE:

  • If the tax rate in the state where you will receive a credit is lower than your home state, you may still owe some residual tax.
  • Receiving the credit also assumes residency, which can also be tricky, warns Nathan Hagerman, partner at Taft law firm. Typically, it’s spending more than half a year in the state with theintent ofmaking it your permanent home, such as getting your mail, getting your driver’s license or voting there, or buying a home in the state.
  • Credits don't apply to local and county taxes.

Whose convenience is this?

A handful of states have a “convenience of the employer rule,” which means if you’re working in a different state for your convenience (not a requirement of the company), you will owe tax in the state where your employer is based. Unless you live and work in a state with no income tax, you may get taxed twice on the same income.

Some states offer a credit that can help offset part or all the taxes you must pay to the state where your employer is. New Jersey, for example, offers a tax credit to offset state taxes its residents paid to New York because of the convenience rule while working from home.

'Work from anywhere' downside: potential double taxation from states. Here's what to know. (1)

Which states have the 'convenience of the employer rule'?

Though the rules in each state may differ slightly, the ones to watch out for include:

  • Connecticut
  • Delaware
  • Nebraska
  • New York
  • Pennsylvania
  • Massachusetts requires you to file an income tax return if your gross income exceeds a certain threshold.

Tax headaches:Who makes tax adjustments when I live and work in different states? Ask HR

What if I split my time over many states?

Spending time in multiple states can further complicate your taxes and may require you to track the amount of time you spend in each state.

More than half of the states that have a personal income tax require employers to withhold tax from a nonresident employee's wages beginning with the first daythe nonresident employee travels to the state for business purposes, but other states allow you to work there for 30 days or more first, according to the Mobile Workforce Coalition, a group of 280 organizations to advocate for simplifying nonresident state income tax rules.

Athletes who constantly crisscross state linesto practice and play or consultants and construction workers who may spend months at a time on projects in different cities would be required to pay income tax in each state where they earn income.

Medora Lee is a money, markets, and personal finance reporter at USA TODAY. You can reach her at mjlee@usatoday.comand subscribe to our freeDaily Money newsletterfor personal finance tips and business news every Monday through Friday morning.

'Work from anywhere' downside: potential double taxation from states. Here's what to know. (2024)

FAQs

'Work from anywhere' downside: potential double taxation from states. Here's what to know.? ›

Unless you live and work in a state with no income tax, you may get taxed twice on the same income. Some states offer a credit that can help offset part or all the taxes you must pay to the state where your employer is.

What are the tax implications of working remotely from another state? ›

Where do I pay state taxes if I live in a different state than my employer? As a remote worker, you must pay tax on all your income to the state you live in (if your state has personal income tax). This is true no matter where your employer is located.

What is meant by the disadvantage of double taxation? ›

Double taxation is a disadvantage of a corporation because the corporation has to pay income taxes at twice the rate applied to partnerships.

How can I avoid double state tax? ›

If you permanently moved to another state, you'll need to file two state returns: one for each state you lived in during the tax year (assuming both states charge income tax). You may be able to claim part-year residence, which will allow you to divide your income between the two states instead of paying taxes twice.

Why am I getting taxed from 2 states? ›

You may have to file more than one state income tax return if you have income from, or business interests in, other states. Here are some examples: You are an S corporation shareholder and the corporation does most of its business in a state other than the state where you live.

How is working remotely for a US company taxed? ›

So as a remote worker, you pay taxes to the country in which you reside. If you're an employee, your employer or EOR should deduct taxes from your paycheck according to local law. If you're a contractor, you are responsible for paying your own taxes in the country you reside.

Is there a tax deduction for working remotely? ›

Are There Tax Deductions for Remote Workers? Since the 2018 tax reform, generally only self-employed people can claim tax deductions for remote work. Some exceptions to this classification include performing arts, government officials, and people who are in the military reserve forces.

Why is double taxation bad? ›

Opponents of double taxation on corporate earnings contend that the practice is both unfair and inefficient, since it treats corporate income differently than other forms of income and encourages companies to finance themselves with debt, which is tax deductible, and to retain profits rather than pass them on to ...

Who suffers from double taxation? ›

Double taxation can happen in C corporations, where owners or shareholders get taxed separately. Other businesses pass income down to individuals, for them to pay personal tax rates that are levied once. In 2022, the federal income tax rate on corporate profits was 21%.

How can I avoid double taxation? ›

You can avoid double taxation by keeping profits in the business rather than distributing it to shareholders as dividends. If shareholders don't receive dividends, they're not taxed on them, so the profits are only taxed at the corporate rate.

What if an employee works in two different states? ›

If an employee works in multiple states that do not have reciprocity with the employee's state of residence, then the laws and requirements of both states must be considered. The employer might need to withhold state income tax for both the work state and the state of residency.

Is there a federal law for double taxation states? ›

Contrary to popular belief, there's nothing in the U.S. Constitution or federal law that prohibits multiple states from collecting tax on the same income. Although many states provide tax credits to prevent double taxation, those credits are sometimes unavailable.

How do I file taxes if I worked in two different states? ›

If both states collect income taxes and don't have a reciprocity agreement, you'll have to pay taxes on your earnings in both states: First, file a nonresident return for the state where you work. You'll need information from this return to properly file your return in your home state.

How do taxes work when you work in a different state than you live? ›

Put simply, state tax reciprocity means you can live in one state and work in another without being taxed in your work state. Instead, you only pay taxes to the state you live in. If no relevant state tax reciprocity agreement exists between your residence state and work state, you may need to file taxes in both.

Do remote workers pay taxes in two states? ›

State Tax Obligations

A worker may have tax obligations in any state where they reside and possibly the state where their employer's worksite is located. A permanent remote worker will file their personal income taxes in their state of residence, whether they are a W-2 employee or a 1099-NEC independent contractor.

How do I know if I'm being double taxed? ›

Key Takeaways. Double taxation refers to income tax being paid twice on the same source of income. This can occur when income is taxed at both the corporate level and the personal level, as in the case of stock dividends. Double taxation also refers to the same income being taxed by two different countries.

Which state law applies to remote workers? ›

That means they are subject to the same federal and state laws regarding wages, overtime, breaks, and paid time off. If you work for an employer based in a different state, your rights as a remote worker are generally determined by the laws in the state where you reside.

Do I have to pay NY state taxes if I work remotely? ›

New York is one of the few states that DO tax remote workers in certain instances. They have what is known as the Convenience of the Employer Rule. So if your employer requires you to work from home then you then it is not taxable to NY.

How does Wfh affect taxes? ›

Key Takeaways. Employees who work from home can no longer claim tax deductions for their unreimbursed employee expenses or home office costs on their federal tax return. Prior to the 2018 tax reform, employees could claim these expenses as an itemized deduction.

Can you move states while working remote? ›

Relocating while working remotely typically seems straightforward on the surface. After all, you can usually do your job from any location with a reliable internet connection. However, the reality of the situation is a bit more complex, particularly if you want to safeguard your current job.

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