Telecommuter Must Pay NY Income Tax
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- Date: Thu, 31 Mar 2005 11:58:56 -0500
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Telecommuter must pay N.Y. income tax
http://tennessean.com/business/archives/05/03/67569995.shtml?Element_ID=6756
9995
By KEITH RUSSELL
Staff Writer
A Nashville resident has lost a tax battle with the state of New York
that some believe could have wider implications for the growing number
of people who work by telecommuting from a home office.
The New York Court of Appeals ruled yesterday that computer programmer
Thomas Huckaby owes New York income tax for the entire salary he earned
from a New York-based union.
During the two years in question, Huckaby did about 75% of his work out
of his home office in Nashville. He would travel to New York to work at
the National Organization of Industrial Trade Unions' offices about one
fourth of the time. He paid New York state income tax on just 25% of his
earnings.
The Court of Appeals decision relied on a New York law that says a
worker's income is taxable if he or she chooses to live outside the
state, as opposed to if they were transferred to another locale.
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