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We have a company located in Chicago, Il. We have a salesman

Customer Question
who lives in New York...
We have a company located in Chicago, Il. We have a salesman who lives in New York. We have a warehouse in New York to supply some products to PA. Our salesman customers are in PA. Where do we pay the state taxes for our salesman? Illinois? New York? PA?
Submitted: 2 years ago.Category: Tax
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Answered in 1 minute by:
9/19/2015
Tax Professional: Alex Esquire, Accountant replied 2 years ago
Alex Esquire
Alex Esquire, Accountant
Category: Tax
Satisfied Customers: 16,742
Experience: I am an attorney who is experienced in tax law. I also hold a BA Magna Cum Laude in Accounting.
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Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Are you asking about the payroll taxes / withdrawals?

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Tax Professional: Alex Esquire, Accountant replied 2 years ago

Please clarify?

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Customer reply replied 2 years ago
unemployment insurance.
Tax Professional: Alex Esquire, Accountant replied 2 years ago

Thank you for your follow up.

It would have to be paid in the state where employee is located and working.

I wish you the best of luck!

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Customer reply replied 2 years ago
payroll state tax.
Tax Professional: Alex Esquire, Accountant replied 2 years ago

It would be in the state where the employee is receiving the salary / wages.

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Customer reply replied 2 years ago
He is living in NY and working in PA.
Customer reply replied 2 years ago
Thanks
Tax Professional: Alex Esquire, Accountant replied 2 years ago

Thank you for your follow up.

The question is much more complex then it might seem, due to the fact that some states have reciprocity agreements related to the employees who work and live in different states and some do not, so each situation is very unique and requires review by a local CPA.

I will opt-out of your question at no charge to you and will transfer your question to our Tax category, where there are several CPA's who might be able to further assist you.

I wish you the best of luck!

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Tax Professional: Barbara, Enrolled Agent replied 2 years ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,453
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
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Welcome to Just Answer. My name is ***** ***** I will be happy to assist you today.

Just to clarify, you have a company located in Chicago with a warehouse in New York and which employs someone who lives in New York and has customers in Pennsylvania.

You have nexus (presence) in the states of Chicago and New York, but not Pennsylvania. Without nexus, states and localities have no legal authority to impose their tax.

You will have a withholding requirement for the employee who lives in New York to New York, but not Pennsylvania.

The following link contains excellent information which you will find helpful:

http://payroll.intuit.com/support/kb/1001054.html

Please let me know if you require further information or clarification.

Thank you and best regards,

Barb

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Tax Professional: Barbara, Enrolled Agent replied 2 years ago

Just following up with you to see if you have any other questions or concerns. If so, please come back to me here, and I will be happy to assist you.

Best regards,

Barb

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Barbara
Barbara
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