New York Court Says Telecommuters Must Pay NY Tax

hal9000(jr) writes "The Boston Globe is running this story on an out-of-state programmer working for a New York company who had to pay state taxes. '"New York has the right to tax 100% of a nonresident employee's income derived from New York sources," according to the 4-3 decision by Court of Appeals. The court relied on a fairness rule called the "convenience of the employer" under law that says a worker's income is taxable if he chooses to live outside the state, as opposed to if he or she was transferred there.' The dissenting opinion: 'Judge Robert Smith argued that the basis of the majority's decision that all income is taxable is "that the commissioner says it is ... The majority cites no authority at all, and offers no persuasive reason, in support of this new interpretation."'"

Taxed 100% of income?

[dido]

So does that mean that he doesn't get to keep any of his money? ;)

Seems like a very badly ambiguous way of putting it.

For fairness and consistency..

[PopeAlien]

.. lets just have everyone pay tax in every state, just in case.

Imagine That...

[instantkarma1]

The government rules they can tax yet more of our money.

Offshoring?

[Anonymous Coward]

So does this now open the doors to trying to collect employment taxes on all those offshore workers?

That would have an interesting effect.

I, for one, welcome our NY tax refugees!

[Nova Express]

To Texas, that is. No state income tax. No insane "city" income tax like they have in the Big Apple. 2700 square foot houses can be had for $175,000 or less.

So, if you're a New York company that hires programmers, consider relocating (either in toto or a subsidiary) to Texas, where your dollar goes further, and you get to keep more of it.

We have BBQ, TexMex, and sane gun laws (i.e., the law-abiding can own one). What we lack: 3 months of snow, subways, and george Steinbrenner.

Up to you.

Re:Screw New York

[PopeAlien]

Ideally in a situation like this you don't have to provide your own tea. Use the tea of the oppressor, but remember if its going anywhere near the Hudson you'll probably want to refrain from drinking the harbor-brewed tea.

Re:Hrm, I wonder.

[kfg]

The new EZ tax form:

1: How much did you make?
2: Send it in, plus 10%

KFG

soon you'll have to pay state taxes

[pyrrho]

if you watch TV shows produced in that state.

Re:For fairness and consistency..

[tomhudson]

Bet you can't beat this [ucalgary.ca] tax form.

Re:I, for one, welcome our NY tax refugees!

[Dirtside]

We have BBQ, TexMex, and sane gun laws

True. On the other hand -- and I'm not sure if you've noticed -- but your state is infested with Texans.

Re:Why?

[Kamel Jockey]

He doesn't use NY roads, his kids don't use NY schools, he deosn't get to vote for NY legislators, senators or anything, he doesn't use NY public transport.

That sounds a lot like what Hillary Clinton wasn't doing in 1999.

Re:A shitty school

[Anonymous Coward]

>And so hot that you can't go out of summer

sounds like your cousin's a wuss

Telecommuter tells NY

[Tsiangkun]

no problem, I"ll drop off the check next time I'm in the office.

Re:I, for one, welcome our NY tax refugees!

[T-Ranger]

Yes, but on the downside, you would be living in Texas.

Re:Screw New York

[Anonymous Coward]

> Till then, up yours. I've got tea, you've got a harbor.

The difference between the British and Americans.
1) Americans will throw tea into the harbor to get less taxes.
2) British will through tax money down the drain to get more tea.

Re:I, for one, welcome our NY tax refugees!

[rlp]

True. On the other hand -- and I'm not sure if you've noticed -- but your state is infested with Texans.

Much worse than that - the state (particularly around Austin) - is infested with Californians.

Re:I, for one, welcome our NY tax refugees!

[TykeClone]

Actually, New York and Texas have almost identical laws when it comes to the law that (in Texas) has been interpreted to mean that someone with 6 dildoes is committing a misdemeanor.

So 5 are ok? And at what point is it a felony? And are there business exceptions?

Re:I, for one, welcome our NY tax refugees!

[DuctTape]

(from non-ECC memory, which may have suffered parity errors)

Three guys meet up in a bar in Dallas. They start comparing life stories, and it turns out one is from San Francisco, one from Denver, and the other from Austin. They order up various drinks.

At one point the guy from S.F. takes a bottle of wine, pours himself a glass, takes a swig, then tosses the bottle up in the air, pulls out a gun (concealed carry law), and shoots the bottle, spraying Napa Valley's best and broken glass everywhere.

"What'd you do that for?" yells the guy from Colorado.

"Well, where I come from in California, we got plenty of wine!" roars the S.F. guy.

A little more time passes. Then the guy from Denver grabs a can of Coors, takes a swig, then throws the can in the air, pulls out a gun, and shoots the can, putting a neat hole in it and spraying Colorado's finest everywhere.

"What'd you do that for?" yells the guy from S.F.

"Well, where I come from in Denver, we gots plenty of Coors!" roars the Denver guy.

A little more time passes. Then the guy from Austin strokes his crystal, grabs a bottle of wine and a can of Coors, throws both of them up in the air, pulls out his gun, shoots the guy from Denver and the guy from S.F., and neatly catches the bottle in one hand and the can in the other.

"What'd you do that fer??!?" yells the bartender.

"Well," the Austinite says, "in Austin we got plenty of folks from Colorado and California, but bottles and cans, those you can recycle!"

DT

Re:Not quite

[miscGeek]

Great.. then they would just raise taxes to pay for the higher administrative costs. Of course, that would mean you would then have to make sure that a person only paid for the admin costs that he/she used... which means.. wait for it... raise taxes again.. etc..

We can only hope politicians don't read /. :)

Re:Flawed logic

[doublem]

Republican eh?

So sorry. Did it happen after the lobotomy, or were you raised that way?

Re:So does this mean ..

[Anonymous Coward]

A vote for a Libertarian candidate is a vote

for someone living in their parents basement.

No wonder why all /.ers vote Straight Libertarian. *me ducks* ;)