“Convenience of the employer”, telecommuting, and the virus

Home Fairmark Forum Other Tax Topics “Convenience of the employer”, telecommuting, and the virus

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  • #6351
    sonofagunk
    Participant

    Any one see any guidance on “Convenience of the employer” topics with the “stay at home orders”. Are NJ residents who usually work in NYC, but are non unable due to government orders, going to be liable for NY or NJ state taxes for their time working at home?

    #6571
    Bob99
    Participant

    New Jersey has indicated that they will continue to treat the income as New York income if that’s what the employer does.

    “New Jersey sourcing rules dictate that income is sourced based on where the service or employment is performed based on a day’s method of allocation. However, during the temporary period of COVID-19 pandemic, wage income will continue to be sourced as determined by the employer in accordance with the employer’s jurisdiction.”

    Telecommuter COVID-19 Employer and Employee FAQ
    Scroll down to “Employer Withholding Tax.”

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