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Stephen G.
Stephen G., Sr Financial Expert
Category: Finance
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Experience:  Extensive Experience with Tax, Financial & Estate Issues
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If I have a home office listed in and is shown as a

Customer Question

If I have a home office listed in Washington and is shown as a corporate location registered with WA and the company I work for is in Oregon, can they pay me as a Washington employee and not deduct Oregon Income tax?
Submitted: 2 years ago.
Category: Finance
Expert:  Stephen G. replied 2 years ago.

Where do you physically work for most of your work days or hours?

What services do you provide in your job & what tools do you use (company computers, etc., meetings, road trips, etc.)?

You may have a problem with the Company as they can be held responsible for (failure to withhold Oregon taxes) if you actually perform your work in Oregon.

From a practical standpoint, it probably depends what you can convince the Company to do that matters in the long run.


Customer: replied 2 years ago.
Physically in Wa & other states, some days in Oregon which I understand I have to account for.
Sales & support, computers/Printers road trips to other states
Expert:  Stephen G. replied 2 years ago.

Well, it sounds like you consider your "tax home" to be in Washington state. So, the bottom is if you can convince your Company to agree, there shouldn't be a problem with not reporting you as an Oregon based employee.

I've encountered this issue in the past and the one stickler that has come up is that particularly in Sales, there are often multiple employees in various states (some states either do not have an income tax like Washington, Texas, Florida, etc.) or the applicable states' income tax rates are lower than where the Company's headquarters are located & if the Company takes the approach you suggest than they should take the same approach for everyone in similar circumstances whether than results in a lower state tax for the individual or not.

That's why I'm saying from a practical standpoint it really depends upon what you can convince the company to do. Often time they still consider someone in your situation to be "based" in Oregon & consider that to be your "tax home". Of course if you live in Washington, and are filing a Non-Resident return in Oregon, you are only talking about the state income tax withholding and should be getting most of it back when you file your return anyway. However, some of these border states where one state has a state income tax and a bordering state doesn't the state with the income tax may or may not have a "tax treaty" with the bordering state that determines the tax treatment. I haven't attempted to research the current situation with Oregon/Washington but I know of no such treaty in that particular situation.

Just checking in to see if you've had a chance to discuss your circumstances with your Company.

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