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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29965
Experience:  Taxes, Immigration, Labor Relations
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I live in the state of Florida, I started a new job with a

Customer Question

I live in the state of Florida, I started a new job with a company based in Ohio, that also has operations in GA, PA, NY. I have employees that work for me in all those states and travel frequently to these locations and also work from home (FL). This year I worked for another company all of Jan, Feb and March starting my new job on April 1st. I was advised by my new employer that they were going to tax me in the state of Georgia and they told me their Tax advisor told them that had to tax me in one of their bases of operations. I don't expect to work more than 1/2 the year in GA this year, is my company correct that they must tax me in one of their bases of operations?
Submitted: 2 years ago.
Category: Tax
Expert:  Lev replied 2 years ago.
Hi and welcome to our site!Unfortunately - that is not a correct treatment.Your employer must keep track of working hours and compensation you earn in EVERY state - and should report that income as from sources within that state on your W2 form.I think - they are trying to avoid overhead of such reporting - and plan to assign all your compensation to GA.Correspondingly - you woudl be required to file tax return to each of these states as a nonresident - GA, PA, NY.Correspondingly - if you are working in FL - that compensation is not taxable because FL doesn't have personal income tax.
Expert:  Lev replied 2 years ago.
The issue with your Florida workplace might be if your employer currently doesn't have any business operations within this state.
If they want to have you as an employee in Florida - they woudl need to register with the state authorities - and might have some tax responsibilities.
If they provide you with the workplace - for instance in GA - but for your convenience - just allow you to work from home - that doesn't change your workplace location - and compensation woudl still be treated as from GA sources.
However - if you are working from home for convenience of your employer - they woudl be considered as doing business operations in Florida - and would be under that state jurisdiction. So that might create some overhead for your employer.
So when you will discuss the issue with your employer - you woudl need to consider these circumstances.
Let me know if you need any help this matter.