Telecommuters Must pay NY State Income Tax

Telecommuters Must pay NY State Income Tax

A closely divided New York Court of Appeals upheld a controversial tax policy that has made New York state the bane of telecommuters, and something of an outcast among its neighbors. The state's high court held in a 4-3 opinion that a telecommuter who lives and works in Tennessee but is employed by a New York-based company must pay New York taxes on 100 percent of his income even though he spends at most 25 percent of his working time in the Empire State.

The solution is for the company to establish a subsidiary or sister company in another state to minimize New York's draconian tax practices.

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