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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111527
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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1) purposes, would it be advisable New York state resident

Customer Question

1) For tax purposes, would it be advisable for a New York state resident to register a business in the state of Florida? (Would the business be required to pay taxes in both states as well?)2) If a business is registered in New York and it has remote employees working from different states, would these employees be required to pay taxes both in New York and his home state?
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the company is not primarily engaging in business in NYS, then it makes no sense to register the company in NYS. The company would still have to pay any applicable taxes for any work done in any state (such as sales taxes), but if the company is not performing work primarily in NYS, it can be registered in FL or Nevada or Wyoming and the employment taxes would be paid for employees in the state where they are working, not in both NY and home state. So for example, if the company is a NY company and they are employing people in FL, the employees in FL pay any taxes (such as unemployment/workers compensation) in FL where they are working and not in NYS even though the company is registered there. If the company is not doing work in NYS, even though the owner lives there, they can register the company in any state they want and any taxes would be filed in that state. The only thing the owner living in NYS would have to file in NY would be income tax on any income they make in NY from the company or taxes for work done in NYS if any.
Customer: replied 11 months ago.
Just to clarify: If the owner resides in NY but no work is done in that state and the business is registered in FL; the only tax required to be paid in NY would be an income tax?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
The only tax in NY is income tax the person makes if the company is not registered in NY and is not doing business in NY.

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