By Laura Saunders
If you're one of the millions of people who have worked from
outside your home state this year, tax season could be tough: You
might need to file returns and pay taxes to more than one state for
2020.
The challenge is that each state's tax system is a unique mix of
rules, and they are even more confusing this year because of
pandemic-related changes.
Here's what to know.
Q: I worked from two states in 2020. Does that mean I'll owe
more taxes?
Potentially yes, but it depends on the states.
A few states don't have income taxes, but nearly all that do
impose them on workers who are just passing through. Many of these
states -- including New York and California, which are famously
aggressive -- are still set to levy taxes on remote workers for
2020.
However, not all remote workers will face new cross-border
burdens. About 15 jurisdictions, such as Maryland, Virginia and the
District of Columbia, have long had agreements with neighbors
allowing commuters to file and pay taxes where they live.
In addition, 15 states and the District of Columbia have said
they won't enforce their tax rules for remote workers who worked in
their state because of the coronavirus, according to American
Institute of CPAs spokeswoman Eileen Sherr, who tracks this
evolving data.
In a few cases, remote workers could be net winners and owe
lower total state taxes for 2020 if they are in a low- or no-tax
state. For example, Texas has no state income tax, so a San
Francisco tech worker who moves there might be able to avoid the
high California income tax on compensation earned while in
Texas.
Q: Why would I have to file and maybe pay taxes to two
states?
A: Each state tax system is a unique mélange of rules that
consider how long a worker is there, what income is earned, and
where the worker's true home, or domicile, is.
These rules are famous for taxing out-of-state entertainers and
athletes like Michael Jordan and Alex Rodriguez. But this year such
rules will complicate filings and payments for regular folks
working remotely because of the pandemic. Take the examples of a
Seattle-based tech worker who has temporarily moved back to his
parents' house in Oregon or a New York banker who has set up a desk
in a Florida beach home.
Many states have credits to prevent or reduce double taxation.
But these credits may not fully offset taxes elsewhere, if the
remote work is in a state with higher taxes than the home state.
For example, a Seattle employee who works remotely from Oregon
during the pandemic and owes Oregon income tax won't get a credit
from Washington, because it doesn't have an income tax.
Q: How will states know that someone has worked there?
A: In various ways. Employers will include information on W-2
forms, and tax preparers will ask their clients, and neither will
submit false information that could put them in jeopardy. DIY
filers should remember that tax returns are signed under penalty of
perjury.
Q: How do I start my taxes this year if I worked in more than
one state?
First, determine where you were in 2020. How many states did you
work in? How many work days did you spend in each state?
Next, find out the criteria for being considered a taxable
resident of the states where you were.
Are there special pandemic rules that make them different this
year? Does the state you worked from have an agreement with the
state where your office is located to prevent double taxation?
These are common in states that share a border, such as Wisconsin
and Illinois.
For more on how to prepare for tax season as a remote worker,
see here.
Q: How do I find the rules for the states I've worked in?
A: For information, check state tax websites or this chart from
the AICPA.
Also check taxes on nonresidents if you worked in a state but
not long enough to be a resident there. Most states have these
rules.
Q: What else should I do?
Talk to your employer. State tax authorities can be aggressive,
but they may desist if your employer has assigned you to an
existing office in another state and then withheld taxes for that
state.
"Domicile" also counts. State tax law often considers where the
worker's true home is in addition to time spent in-state. Key
factors include where someone votes, has club or religious
affiliations, has a driver's license and plans to be buried.
Finally, think seriously about getting professional help if your
situation is complicated -- such if you got married, sold a home or
had a large windfall or loss.
Q: What if my job is based in New York, but I have worked from
another state?
A controversial rule will likely affect thousands of New Yorkers
and others whose offices were closed this year because of the
pandemic. The rule's importance will grow, as out-of-state
telecommuting becomes more common, especially if more states adopt
it.
The "convenience" rule taxes individuals where a job is based --
not where they reside or work, unless the employer requires the
remote work at a bona fide work location.
In other words, someone with a New York-based job who lives and
telecommutes from another state still owes full income tax to New
York on that compensation. If the other state taxes that income as
well and doesn't give a credit for the New York tax -- as some
states don't -- the worker will likely be double taxed.
New York isn't alone in asserting the convenience rule.
Arkansas, Connecticut, Delaware, Nebraska and Pennsylvania also
have it, according to Ms. Sherr of AICPA.
This year's wrinkle in the rule is that many people are working
remotely not because they want to, but because their offices have
been closed. That fact may not make a difference. For example, New
York still wants workers with jobs based in New York to pay New
York income taxes, even if they worked remotely from New Jersey for
most of 2020.
In addition, Massachusetts still wants people with Bay
State-based jobs to pay Massachusetts income taxes, even if they
worked from New Hampshire for most of 2020. New Hampshire has sued
Massachusetts over this issue in the U.S. Supreme Court, but the
high court hasn't said if it will accept the case.
For more on the convenience rule, see here.
Q: Do New York City residents have to pay New York City income
tax, if they worked outside NYC during the pandemic?
Yes, because people who are telecommuting because of the
pandemic are still New York City residents.
Q: What if I'm self-employed?
Business owners who worked in more than one state in 2020 could
also need to file and pay taxes to those states.
Q: Can I take a home-office deduction for working from home in
2020?
Not if you're an employee rather than a business owner. As part
of the 2017 tax overhaul, Congress nearly doubled the standard
deduction and repealed several write-offs on Schedule A. One was a
partial deduction for unreimbursed employee expenses, such as a
home office.
Self-employed business owners typically can deduct a range of
expenses, including for home offices.
The good news, for employees, is that companies can reimburse
them for many pandemic expenses for working at home, such as better
internet services or office equipment. These payments are
deductible by the employer and don't count as compensation to
employees, either for income or FICA taxes.
For more on home-office deductions, see here.
Write to Laura Saunders at laura.saunders@wsj.com
(END) Dow Jones Newswires
January 26, 2021 08:18 ET (13:18 GMT)
Copyright (c) 2021 Dow Jones & Company, Inc.