The Telecommuter Tax Fairness Act
There are current State tax laws that penalize interstate teleworkers.
Federal Legislation is needed to correct this.
Are you an interstate telecommuter whose
income is unfairly taxed when you work from
home?
If you, or any one you know, pay this unfair
Thank You.
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Telecommuter Tax Fairness Act Re-Introduced
in House and Senate
On March 6, 2007, Representative Christopher Shays (R-CT)
re-introduced The Telecommuter Tax Fairness Act(H.R. 1360).
The Telecommuter Tax Fairness Act of 2007, as it is now known,
has also been re-introduced in the Senate (S. 785) by Senator
Chris Dodd (D-CT) . It is substantially the same as the measure
that was introduced in the last session, with a few additional
provisions. These new provisions are designed to take account
of the changes New York claimed to have made to its telework tax
policy in May 2006. New York's purported changes actually
offered no protection for interstate telecommuters, leaving
thousands of such workers across the country still subject
to the risk that they will be double taxed on the income they
earn while working from home.
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New York revises tax law, but not really!
Interstate Telecommuters still at serious risk!
New York State Department of Taxation and Finance
Office of Tax Policy Analysis
Technical Services Division
New York Tax Treatment of Nonresidents and
Part-Year Residents;
Application of the Convenience of the Employer Test
to Telecommuters and Others
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Our thanks to Senators Chris Dodd (D-CT) and
Joe Lieberman (D-CT) , and Representatives Chris
Shays (R-CT), Tom Davis (R-VA), Rosa DeLauro
(D-CT), and Frank Wolf (R-VA) for supporting the
Telework Tax Fairness Act of 2005
You can show your support for
The Telecommuter Tax Fairness Act of 2005
Sign our online petition that will be sent to Congress!!
Click here to go to the petition 
OR you can
Write or email your Senators and Congressional Representatives and
ask them to support
"The Telecommuter Tax Fairness Act of 2005"
See a sample letter you can cut and paste
To locate your Senator or Congressional Representative:
to write or email your Senator, or just click here:
or just click here:
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By Nicole Belson Goluboff, Legal News TV, September 28, 2006
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Taxing Telecommuters
By Nicole Belson Goluboff, Op-Ed Contributor,
The New York Times, August 6, 2006
Click here for a link to this article:
Group says federal legislation protecting telecommuters
is needed now more than ever
Press Release, June 19, 2006
New York Makes It Official:
Double Taxing of Telecommuters Will Continue
By Nicole Belson Goluboff, Esq., State Tax Notes, June 12, 2006, page 877
New York’s Proposed Telework Tax
Policy: State Won’t Shift Gears
By Nicole Belson Goluboff, Esq., State Tax Notes, May 22, 2006, page 593
Backers of a proposed bill to protect teleworkers from onerous state
tax rules hope this could be the year the legislation sticks.
By Ann Bednarz, Network World, May 23, 2006
The Telecommuter Tax Fairness Act is Gaining Traction
By Nicole Belson Goluboff, Esq., State Tax Notes, April 3, 2006, page 37
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Press Release, January 20, 2006
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January 2006
Letters to the Editor, The New York Times, February 5, 2006
Chris Atkins, Tax Foundation, January 26, 2006
Telework experts nationwide are calling for the elimination
of unfair, double taxation of interstate telecommuters.
Press Release, January 20, 2006
State Taxation of Interstate Telecommuters:
The U.S. Supreme Court’s Silence
Puts Congress in the Driver’s Seat
By Nicole Belson Goluboff, Esq., State Tax Notes, November 21, 2005, page 719
The New Hampshire Union Leader, November 14, 2005
Johna Till Johnson, Network World, 11/14/05
The Journal News, November 9, 2005
The Monitor View, November 8, 2005
by Karen Setze,State Tax Notes, Nov. 7, 2005, p. 502.
by Tom Herman and Rachel Emma Silverman, The Wall Street Journal Online
AP, October 31, 2005
June 15, 2005
Congress Must Slam the Brakes On New York’s
Convenience-of-the-Employer Rule
by Nicole Belson Goluboff
Our thanks to State Tax Notes, the original publisher, for their permission to use this article.
Click here to read the article.
May 6, 2005
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Statement of Professor Edward A. Zelinsky,
Benjamin N. Cardozo School of Law,Yeshiva University
New York, New York, discussing the relationship between
state tax policies and the dormant Commerce Clause.
Click here:
All state income is taxable even if employee is not physically
present the entire time, according to state appellate court.
Computerworld, Wednesday, March 30, 2005
Click Here to read the actual Decision
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We applaud Senators Chris Dodd (D-CT) and
Joe Lieberman (D-CT) , and Representative
Chris Shays (R-CT) for proposing
To read the press release, click here:
To see Bill S-2785, click here:
To see Bill H.R. 5067, click here:
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Measure will protect Connecticut [and other]
telecommuters from New York taxation
August 2, 2004
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The following appeared in BNA Tax Management,
Perspective:
Constitutional Limitations
New York's Convenience-of-Employer Doctrine Cries Out for
Congress to Stop State Taxation of Interstate Telecommuting
The U.S. Supreme Court recently denied certiorari in Zelinsky v. Tax Appeals Tribunal of New York,
a case that upheld the constitutionality of New York's "convenience of the employer" doctrine. In this
is necessary to prohibit states from applying a rule similar to New York's convenience rule.
For the full article, click here
This article was originally published in the BNA Tax Management Weekly State Tax Report and BNA
Tax Management State Tax Library. The article is reprinted with permission from Tax Management Inc.,
a subsidiary of The Bureau of National Affairs, Inc., 1250 23rd Street, N.W., Washington, D.C. 20037
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Related information on This Topic
Wall Street Journal, April 6, 2005
USAToday, April 6, 2005
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On February 24, 2005, New York once again reached into another state to tax telework.
In a case called Matter of Gray, the New York Division of Tax Appeals applied the convenience
of the employer rule to a New Hampshire resident, taxing him on the income he earned while
working at home for the benefit of his New York employer. The decision underscores the urgent
need for Congress to reintroduce and pass The Telecommuter Tax Fairness Act and put an end
to New York's assault on interstate telework.
To Read the final Petition and Determination, click here:
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February 2005
By Nicole Belson Goluboff
(This article originally appeared in Law Journal Newsletters' e-Commerce
Law & Strategy newsletter. See e-Commerce Law & Strategy on the Web at
Wall Street Journal, February 9, 2005
Letters to the Editor
from Nicole Belson Goluboff, a lawyer specializing in the
legal implications of telework and a member of our Advisory Board:
Atlanta Journal-Constitution, November 20, 2004, (Pass Telecommuter Tax Fairness Act) 
Greenwich Time, October 29, 2004, (Bill targets unfair tax on telecommuting)
New haven Register, October 10, 2004, (Dodd-Shays bill will bring relief to telecommuters)
Christian Science Monitor, July 09, 2004, (Support rural telecommuting, (it's the second one on the page))
The Washington Times, May 29, 2004, (All the conveniences of home)
N.Y. Argues It Can Tax All of an Out-of-State Worker’s Income
Molly McDonough, The ABA Journal eReport
John Caher, New York Law Journal, January 3, 2005
by Nicole Belson Goluboff
from: State Tax Notes, Nov. 1, 2004, p. 319
Legislation to fight system
Rob Varnon, Connecticut Post, August 3, 2004
Toni Kistner, NetworkWorld, June 7, 2004
By John Caher, New York Law Journal, April 30, 2004
David Hardesty, September 2, 2001
John Caher, The National Law Journal, November 27, 2000
AMERICAN LAWYER MEDIA NEWS SERVICE
Charles F. Knapp, Faegre & Benson, LLP
© 1999 Faegre & Benson
