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I am an independent contractor (virtual assistant). I am a…

Second opinion] Hello. I...

Second opinion] Hello. I am an independent contractor (virtual assistant). I am a Texas Resident and the company I contract with (work remotely for) is located in Montana. When I file my taxes do I have to file with the State of Montana?

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Answered in 6 minutes by:
3/9/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,686
Experience: Taxes, Immigration, Labor Relations
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If you are NOT a resident of Montana and all services you provided are from locations outside of Montana - your income is NOT from Montana sources - and you do not have any tax obligations to this state.

Only if you occasionally visit Montana - and part of your services were performed within the state - that part is from Montana sources and will be taxable for you as a nonresident.

Let me know if you need any help or clarification this matter..

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Customer reply replied 1 month ago
Would it be different if I was an employee, as opposed to an independent contractor, of the company in Montana (provided that I never enter the State of Montana to perform my duties)?

If you are an employee - that will be your employer's responsibility to establish a workplace for you.

When your employer establishes a workplace in Montana - and just ALLOWS you to work remotely from anywhere in the work for your convenience - your workplace still will be in Montana - and all compensation (wages) from Montana sources - and taxable as such.

However - if you work form home for the convenience of your employer - they will need to register with your state Labor Department and clearly establish your workplace in Texas. In this case - your wages will not be from Montana sources and correspondingly - you woudl not have any income tax obligations to this state.

Because the Labor law is differ between state - we need to be clear - if your employee-employer relations (labor contract) is established under Montana labor law OR under Texas labor law? That is generally based on the physical location of your workplace.

Does that help for better understanding?

Please elaborate if needed.

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 32,686
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