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| Bob Sandler wrote: - quote - > Suppose a person lives in state A, his office and his
In the same manner that the great state of CA taxes Mike> employer's headquarters are in state A, but from time to > time he travels to meet with a customer in state B. Does > that constitute performing work in state B, meaning that he > might have to file a nonresident return and pay tax to state > B for the time he spent there with the customer? For a > highly paid person who spends a few days a month with the > customer, his salary for those days might exceed the > nonresident filing threshold in some states, especially if > he is single. Should his employer be withholding state B > tax? Does it make any difference whether the employer has > nexus in state B? The person never goes to the employer's > office in state B (if one exists). All his time in state B > is spent at the customer's location. Piazza of the NY Mets, every time he plays at Dodger Stadium, CA is free to tax you on your earnings for those few days that you transact business in the state. I'm almost sure all states with a personal income tax operate the same way. Employer nexus is not relevant. It's where you perform your services that counts. Most states do not go after business people who visit for a few days each year on business trips. It is just not practical for the states to do that. It is practical for the states to focus their efforts on the high paid athlete, entertainer, corporate executive, and other well paid public individuals who visit the state to perform services. From a purely tax law point of view, your compensation for the period of time that you perform services in a state is taxable by that state. If the amount of income exceeds the filing threshold, then you are required to file a nonresident tax return. -- Alan http://taxtopics.net << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
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| Suppose a person lives in state A, his office and his employer's headquarters are in state A, but from time to time he travels to meet with a customer in state B. Does that constitute performing work in state B, meaning that he might have to file a nonresident return and pay tax to state B for the time he spent there with the customer? For a highly paid person who spends a few days a month with the customer, his salary for those days might exceed the nonresident filing threshold in some states, especially if he is single. Should his employer be withholding state B tax? Does it make any difference whether the employer has nexus in state B? The person never goes to the employer's office in state B (if one exists). All his time in state B is spent at the customer's location. << -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << -------------------------------------------------> |
| Tags |
| customer, state, visiting, working |
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