State and Local Tax Considerations of Remote Work Arrangements

“If you’re not doing anything to avail yourself of that states’ government services or resources, not only does it seem unfair but it creates conflicts with every other state’s income tax code,” Jared Walczak, vice president of state projects at Tax Foundation, told Recode. Currently, W-2 employees can’t deduct home office expenses, but independent contractors or anyone who is self-employed can deduct the costs of having a dedicated workspace at home. Taxes can be confusing and working remotely has the potential to add one more complication to the mix. https://remotemode.net/blog/how-remote-work-taxes-are-paid/ So if you’re not quite sure how to handle your taxes this year, you may be able to save money and have greater peace of mind if you work with a tax professional. The 2017 Tax Cuts and Jobs Act suspended the home office deduction through 2025 for employees who « receive a paycheck or a W-2 exclusively from an employer, » according to the IRS. If you receive a Federal W-2 form from your employer then it doesn’t matter if you work from home 100% of the time, 50% of the time or not at all – you can’t deduct work expenses to reduce your taxable income.

Differences in agencies’ measures, calculations, and benchmarks can contribute to differences in capacity and utilization measures across the government. A standard for measuring utilization and a benchmark that accounts for higher levels of telework could help the federal government more consistently identify underutilized space within and across agencies. This information could support better alignment of the federal real property portfolio with future needs and cost reductions from releasing unneeded space. Even before the pandemic shifted the balance between in-office and remote work, federal agencies struggled to identify and let go of unneeded space. Operating unused space has unnecessary financial and environmental costs—one reason federal property management has been on our High Risk List since 2003.

Addressing the people and tax implications of hybrid and remote work

While remote work may require these owners to file additional state returns based on an expanded nexus footprint, they may also see an increase in their resident state credit for taxes paid to additional states. Supreme Court issued its Wayfair decision in June 2018, all states (and the District of Columbia) that impose a sales and use tax have adopted some form of remote seller threshold similar to the one at issue in that case. However, the economic presence thresholds modeled after the South Dakota statute at issue in Wayfair apply only https://remotemode.net/ to remote sellers, that is, those sellers without physical presence such as maintaining an employee in the state. Thus, seller-employers with a remote employee in a state may be subject to sales and use tax collection obligations irrespective of whether that seller-employer exceeds the state’s Wayfair-based economic nexus thresholds. Second, the convenience test diverts personal income tax revenues from an affected teleworker’s state of residence, if that state provides the resident a credit for taxes paid to a convenience test state.

As noted above, DOLETA includes an on-point teleworking example in Unemployment Insurance Program Letter (UIPL) 20-04, Attachment 1, which addresses localized employment. Further, the case law in New York, New Jersey and Colorado addressing localized service in teleworking is consistent with that UIPL example. Both remote work and business travel, however, give rise to important and complex tax policy considerations for state lawmakers.

How could my company’s state claim me as a resident if I don’t live there?

That could mean a higher standard of living and a lower income tax rate for the growing number of remote workers. But in some instances it could mean having to pay taxes for a place where they now neither live nor work — or even being taxed on the same income twice. These thresholds apply to businesses and specify the wage or time threshold workers must exceed before a business is required to withhold taxes on behalf of the worker. There are also state income taxes and state unemployment tax assessment (SUTA) taxes that can differ by location. For example, some states, like Washington, don’t have a state income tax for wages.

  • If you find yourself in this position, you can lower the odds of your employer’s state being able to claim you as a resident by examining the its definition of residency and distancing yourself from any qualifiers.
  • Furthermore, U.S. citizens who earn above a certain threshold—over $100,000 a year—may be required to pay taxes to the United States government even if they are earned money outside the country.
  • Seventy-nine percent of respondents to a Deloitte survey1 reported that at least 75% of their workforce has been able to work remotely during the COVID-19 pandemic.
  • In a fiercely competitive job market, offering an exceptional benefits experience is key to retaining top clients and for them to retain top talent.

Employers and government agencies face difficult process and compliance issues when employees are authorized to work remotely. By offering remote work options, employers may be required to adopt comply with various labor and employment laws in multiple states, based on the location of their employees. We provide a high-level overview of some of these non-tax requirements only to illustrate the breadth of issues across legal and policy subject matters; therefore, we do not make any policy recommendations on this topic. It is also suggested that local policymakers consider whether the changes to the federal tax law affecting employee benefits significantly deviate from local policies such that their tax laws should not conform to the changes. For instance, some cities, such as Washington, D.C., New York City, and San Francisco, require employers to maintain transportation programs for their employees, and the repeal of employer deductions for the costs of those programs may frustrate local policy. Local and, where relevant, state policymakers should also consider the costs of complexity that arise for taxpayers when their tax systems do not conform to the federal tax system.

Can you write off the internet if you work remotely?

Freelancers may pay additional taxes because they are considered self-employed and their taxes aren’t deducted from their salary each pay period. If you are working remotely for a company are paid a salary or an hourly wage, and the company has control over your work, sets your schedule, and provides you with the tools and resources needed to do your job, then you are likely an employee of the company. For instance, knowing your employee classification often significantly impacts what taxes you pay at the end of the year. W-2 employees have to pay different taxes than 1099 freelancers or temporary independent contractors; exempt and non-exempt employees have differing tax burdens.

There’s also bipartisan interest at the federal level to stop the practice, including proposed legislation called the Multi-State Worker Tax Fairness Act of 2020 that would tax remote workers by residence only. This test requires that you withhold and pay taxes to the state where your organization is located, even if your employees live out of state, if they do so out of convenience. Unless you specifically require your out-of-state workers to be remote in their state, you may have to withhold taxes for your state. In a traditional, in-person work environment where your employees live and work in the same state as your organization, there’s less uncertainty to navigate. You simply withhold state and federal personal income taxes, if applicable in your area, and pay any required payroll taxes, like FUTA. The property factor looks to the value of a company’s real and tangible personal property owned or rented and used within a state.

Remote work can complicate your taxes. Here’s a simple explanation of what to watch out for.

« It doesn’t know anything unless you tell it, » says Michele Cagan, a CPA.