State Tax Considerations of a Mobile Workforce 1 Credit
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The Covid-19 pandemic has spurred a massive shift to remote and hybrid work arrangements in the United States. Currently, many employers are rethinking the need for expensive office spaces and shifting to either a partially or fully remote workforce. While this offers many benefits, it also creates complex state tax considerations that employers and employees need to be aware of.
Employees working remotely (including work-related travel) in states outside of where the employer normally operates can create a nexus for their employers for corporate income tax, unemployment tax, and sales and use tax purposes. Remote or traveling employees may also create additional personal income tax filing obligations for themselves. Aside from nexus for the employer, the presence of employees working remotely in states outside of where the employer normally operates could impact an employer’s state income tax liability in the state, by creating a “payroll factor” and “property factor” where taxable income in a state is calculated using a three-factor apportionment method.
In addition, states lack conformity with their rules for employers withholding income tax on traveling employees, as well as for employees filing personal income tax returns when traveling to nonresident states for work. Employers must stay on top of their employees’ work locations to ensure proper filing – and no penalties!
While there are many benefits to a mobile workforce, there are also several state tax considerations that need to be addressed. This presentation will provide a primer on state and local taxation, discuss the impact of a mobile workforce on tax compliance for employees and employers, address considerations related to personal income tax, employer nexus and apportionment, and state responses to the growing mobile workforce. This presentation will also discuss best practices that companies can adopt to streamline and ensure compliance.
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Nicole works with clients to resolve state and local tax controversies at the audit, administrative, and judicial levels and advises clients on state and local tax law in transactional matters. She represents clients on matters that implicate virtually every category of taxes, including corporate income and franchise taxes, gross receipts taxes, gaming taxes, sales and use taxes, and transaction taxes.
She frequently delivers lectures on state and local tax matters and has presented at several organizations, including the Council On State Taxation, Tax Executives Institute, Energy Tax Association, Ohio Tax Conference, and California Tax Policy Conference. In 2022, Nicole was appointed to the Paul J. Hartman State and Local Tax Forum Advisory Board, She was also appointed to the New York Tax Appeals Tribunal Advisory Panel in 2018. Nicole regularly provides expert insights and commentary to the annual Bloomberg Tax Survey of State Tax Departments.
Prior to joining Blank Rome, Nicole was a partner at a leading Am Law 100 firm and served as a local state and local tax manager at one of the big four accounting firms. In 2006, she served as a law clerk for the Honorable Michael B. Thornton,
U.S. Tax Court.
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KR
I feel the presentation was clear and the handouts provide specific information. Having said that, I would like to see a course specific to NY and California.
DA
Relevant topic and learned about the laws that apply to a mobile workforce. This definitely comes up regularly in today's payroll processing world.
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