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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8669
Experience:  30 years of corporate, litigation and international law
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I live in NY and would like to become an online affiliate of

Customer Question

I live in NY and would like to become an online affiliate of a big web company that doesnt except NY affiliates because of the Nexus Tax Law, which makes them charge sales tax to NY if they have an affiliate in NY. In order for this company to to accept me as an affiliate I just have to fill out a NJ address on a w9 form. What are my legal options? Can I just use a relatives address in NJ, and have them forward me my mail (checks and w2)? If not, would renting an office in NJ be suffice? Do I actually have to work in the office, (who would know how much I went to the office?) I am doing all of this an individual, but if I needed to I would create a LLC in NJ. I still plan on paying my NY income taxes in full, this work around is simply to legally fill out my w9 form.
Submitted: 2 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 2 years ago.

bizlaw :

It would be best if you created a NJ LLC or better yet an S corp. YOu could then use a virtual office in NJ or a relative's home as an office. Payments would go to the corp, you could pay yourself a salary on which you would pay NJ taxes but get credit for those taxes paid on your NY taxes. By creating the entity you avoid the problem of being a NY affiliate.

If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer :

thanks, but that is the most expensive option. could I just use my relatives address to fill out the w9 form?

Customer :

with my personal name and ss#

Customer :

and by pay myself a salary , do you mean, from the NJ s-corp or LLC to myself (NY resident)?

bizlaw :

If you just do a W-9 and use your relative's address if you are ever audited, you will not pass muster and NY would have a basis for claiming you are an affiliate which would subject your employer to tens if not hundreds of thousands of dollars of unpaid taxes. They might look to you for liabiltiy as misrepresenting your residence. The final decision is your call. Doing the entity, the entity is located in NY and you get paid a salary which have you paying NJ taxes which now makes you look like you are based in NJ and not in NY. As I said it is your call.

If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

bizlaw :

The salary would be from the LLC or S corp.

Customer :

what NJ taxes do you mean I pay, you mean the New company would pay them? or i would have to pay personal NJ state income tax?

bizlaw :

I thought I answered your question yesterday. You would pay taxes on salary you received and profits you received from the NJ entity. Those taxes would be a credit against any NY taxes you owed for the same income.

If this answer is responsive to your question, please accept it. That is how we are compensated. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

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