If my office is in NYC and I live in NJ, can I charge my hours in NJ when I work from home? Worth the hassle for the tax benefits?

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Posting as :
works at
You are currently posting as works at

I'm pretty sure it's the actual physical location. When traveling to the client site you get taxed at the tax rate in the client location. I'm expecting a nice bump this year from working in Tennessee for 6 months where there's no state tax

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Following... I'm so confused about the location thing. Is it the work location or the actual physical location?

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Yup I learned this too, since I work outside the city limit when I am at home and the office is in the city limit. I got this clarified because of the tax differences.

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It's the work location. The jurisdiction that you are supposed to work out of is NY. Staying home and delivering work is a perk. You have to report it to New York.

That's not correct. If you work in NJ whether at a client, the Iselin office or your home, you are working in NJ. Same if you go to Florida and work at your client, a Florida office or your vacation home. In the same way people with multiple residences have to carefully document where they spend their time and pro athletes get taxed for spending a few hours earning money in a city even then fly in and fly out, the state govts want to know where you work and could care less about your assigned office.

While it's best to get tax advice from a tax professional instead of fishbowl, in general, if you work in a state for any length of time, the locals want their pound of flesh and if you claim you're somewhere else and they audit you, you could have some difficulty.

To clarify. Sc1 is correct, the post above is not.

Ny is special, they went after someone doing this and claimed that if it's for your benefit, but the client site is in N.Y., then you need to pay ny taxes.Google the case.

http://www.journalofaccountancy.com/issues/2009/jun/20091371.html

CONVENIENCE VS. NECESSITY

In New York, Pennsylvania, Delaware, New Jersey and Nebraska, however, all wages earned from an employer in any of those states are allocated to that state unless by necessity the nonresident’s work must be performed from his or her out-of-state location. This rule has been enforced by the taxing authority in New York, legally challenged and upheld.

- See more at: http://www.journalofaccountancy.com/issues/2009/jun/20091371.html#sthash.kssBbEm4.dpuf

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