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 tax, please contact us at info@telcoa.org. Thank You.

Sign our online petition to show your support for eliminating the unfair taxation of interstate telecommuters.
Click here to go to the petition.

* * *

Following is a collection of articles that will give some historic background on the Telework Tax situation:

Don’t discourage telework by double-taxing workers
March 7, 2011, By Nicole Belson Goluboff, author of The Law of Telecommuting and Telecommuting for Lawyers
Re: “Telecommute to the future” (March 1), Rep. Rob Wittman (R-Va.) rightly emphasizes the need to eliminate barriers to telework and provide incentives. Chief among the regulatory barriers that must be dismantled is the harsh tax penalty currently facing interstate telecommuters: the risk that they will be taxed twice on the wages they earn while teleworking. Click here to read the entire Letter to the Editor.

Washington Opens the Virtual Office Door
December 28, 2010, by Nicole Belson Goluboff, Esq., Newgeography.com

On December 9, President Obama signed into law the Telework Enhancement Act, a bill designed to increase telework among federal employees. Sponsored by Representatives John Sarbanes (D-MD), Frank Wolf (R-VA) and Gerry Connolly (D-VA), the legislation gives federal agencies six months to establish a telework policy, determine which employees are eligible to telework, and notify employees of their eligibility. Agency managers and employees are required to enter written telework agreements detailing their work arrangements and to receive telework training. Under the Act, teleworkers and non-teleworkers must be treated equally when it comes to performance appraisals, work requirements, promotions and other management issues. Each agency must designate a Telework Managing Officer, and must incorporate telework into its continuity of operations plan.
Click here to read the entire article.

 

Telecommuter Tax Fairness

September 29, 2010, by Nicole Belson Goluboff, Esq., Workingmother.com

For many working parents, telecommuting is a critical tool for meeting both job and family demands.  For many employers, telecommuting is a critical tool for surviving a challenging economy and prospering when conditions brighten.  Despite the work-life, economic and numerous other benefits of telework, some state tax authorities are making this flexible work arrangement needlessly hard to adopt, threatening employees who telecommute across state lines with an egregious tax penalty.
Click here to read the entire article.

Telecommute Taxes on the Table

April 16, 2010, by Nicole Belson Goluboff, Esq., Newgeography.com

The Obama Administration has recently been shining a spotlight on the need to eliminate barriers to telework and its growth. Now Congress has legislation before it that would abolish one of telework’s greatest obstacles, the risk of double taxation Americans face if they telecommute across state lines. The Telecommuter Tax Fairness Act (H.R. 2600) would remove the double tax risk.
Click here to read the entire article.

New York Makes It Official: Double Taxing of Telecommuters Will Continue
June 12, 2006, By Nicole Belson Goluboff, Esq., State Tax Notes, page 877
Click here for the article: New York Makes It Official

New York’s Proposed Telework Tax Policy: State Won’t Shift Gears
May 22, 2006, By Nicole Belson Goluboff, Esq., State Tax Notes, page 593
Click here for the article: State Won’t Shift Gears

State Taxation of Interstate Telecommuters: The U.S. Supreme Court’s Silence Puts Congress in the Driver’s Seat
November 21, 2005, By Nicole Belson Goluboff, Esq., State Tax Notes,  page 719
To read the entire article, click here: The U.S. Supreme Court’s Silence

“U.S. Supreme Court Declines to Hear Challenge to New York ‘Convenience’ Test”
Nov. 7, 2005, by Karen Setze, State Tax Notes,  page 502            

Click here to read the article.

The following appeared in BNA Tax Management, Perspective: Constitutional Limitations
April 26, 2004, 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 article, Nicole Belson Goluboff, an advisor to The Telework Coalition, asserts that federal legislation 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 www.bnatax.com.

New York revises tax law, but not really! Interstate Telecommuters still at serious risk!

May 15, 2006
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
Click here for the official Explaination of the N.Y.Tax Department’s revised position. 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 tax, please contact us at info@telcoa.org.Thank You.

Congress Must Slam the Brakes On New York’s Convenience-of-the-Employer Rule
May 2, 2005, 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: Congress Must Slam the Brakes