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A remote worker living in North Carolina works for a company…

A remote worker living in...
A remote worker living in North Carolina works for a company based in NYC.Should the company withhold and pay tax on her income JUST to NC? Or will she need to have tax withheld and paid to NYS and NYC as well?Also, for North Carolina - what taxes, fees and other obligations are required for payroll in that state?
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Answered in 22 minutes by:
3/16/2018
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,389
Experience: Taxes, Immigration, Labor Relations
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That is based on the physical location of the workplace - not on location of the employer..

If the employer created a workplace in NY - it os registered with NY Labor Department and unemployment taxed are paid to NY.

Correspondingly - wages are reported as from NY sources and NY income tax is withheld.

If the employee is allowed to work remotely for employee's convenience - that doesn't change the location of the workplace and any employer's tax responsibility.

.

The situation would be different if that is set for convenience of the employer...

That might create additional overhead for teh employer especially if the otherwise do not have any nexus in NC.

Having an employee in NC - means - they are conducting business in NC - and may be required to file income tax return and apportion a part of income to NC.

As a foreign entity doing business in NC - they will have registration.

For employment taxes - the employer have to register with NC DOL and DOR.

and file quarterly state employment tax returns.

So - for teh employer - especially for a small company - that might be significant overhead.

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 33,389
Experience: Taxes, Immigration, Labor Relations
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