Adam DeSanges Nov 16, 2023 3:56:40 PM 19 min read

Working from Another State in the U.S - and Its Tax Implications

Imagine the flexibility and freedom that comes with the opportunity of working remotely from another state. This exciting possibility has become a reality for many employees and employers, transforming how we think about work-life balance, especially in the US market. As you navigate this popular way of working, it's vital to understand the nuances of state tax laws. 

You're stepping into a territory where each US state has its own set of tax rules, making it crucial for you to stay informed. As an employer, your understanding of these tax implications is not just a legal requirement but a way to empower and support your workforce. For employees, it's about making informed decisions that align with their lifestyle choices.

In this article, you'll find a comprehensive guide that simplifies the often-complicated world of taxation for remote workers. From understanding the basic principles of taxation to navigating state-specific tax laws, this article is designed to provide a clear understanding of your tax responsibilities and how to avoid common pitfalls. This knowledge is indispensable in today's expanding work-from-anywhere culture, ensuring you're well-equipped to maximise your remote working journey.

The Fundamentals of taxation for remote workers

Understanding the fundamentals of taxation when hiring remote workers is crucial in today’s increasingly digital and mobile workforce. But, first and foremost, let’s start with the fundamental question: What is a “remote worker”?

A remote worker is typically an employee or contractor performing duties outside a traditional office setting. This could mean working from a home office, a coworking space, or even a café across state lines. The classification of a remote worker is pivotal, as it influences not just their tax obligations but that of the business as well. These workers can be full-time, part-time, or independent contractors, each with distinct tax implications.

When it comes to remote worker taxes, the core principle of taxation for remote workers is that taxes are due in the jurisdiction where the income is earned. This seems straightforward, yet the practical application can be complex. As an employer, you must take note of the tax laws in the states where your remote workers reside and work. Understanding these principles will help you navigate the complexities of state and federal tax laws, ensuring your business remains compliant.


Federal Tax Obligations

Your responsibility as an employer includes withholding federal income tax for all your employees, regardless of their work location. This includes remote workers, whether working from a different state or just a few cities away.

As a business owner, you should also be aware of potential federal deductions and credits that could benefit your company. For instance, different tax rules apply if your remote employees are classified as independent contractors. It’s extremely important to ensure that all your employees are classified correctly, whether remote or in-office. These rules could impact your business’s tax obligations and the deductions you can claim — plus, compliance will keep your business away from any hefty fines.


-> State Tax Considerations

State tax laws can be particularly complex. Your business might be required to withhold state income tax based on the residency of your remote employees and where they perform their work. If your business is based in one state but you have remote employees working in another, you may need to comply with tax regulations in both states.

For example, if you have an employee working remotely from New York, but your business is based in another state — such as Michigan — you might still be obligated to withhold New York state taxes due to their "convenience of the employer" rule. On the other hand, if your employee is in a state like Texas or Florida, both of which do not have state income taxes, your withholding requirements would be different. 

Each state has its own set of rules, and as a business owner, it's vital to be familiar with these to ensure proper tax compliance for your remote workforce.


Taxes While Working in the Same U.S State

Working remotely within one’s resident state may seem straightforward in terms of taxation, especially when compared to the complexity of multi-state taxation. However, it’s important to consider how this setup aligns with traditional office-based employment from a tax perspective. 

Let’s take a look at just that.


Resident State Tax Compliance

When your remote employees work in the same state they reside in, the tax situation resembles that of traditional office-based employees. The primary obligation involves withholding state income tax based on the employee's earnings. However, it’s important to note that while the basic principle of taxing income at the source remains the same, remote work can introduce nuances that require attention.


Income Tax

In states with an income tax, employers must withhold and remit taxes based on the employee's earnings. The rate and regulations might vary from one state to another, but the underlying principle is consistent. 

This process is similar to what you would do for an office-based employee. The key difference lies in potentially different tax brackets or allowances based on the employee’s specific situation, which might differ from those of an on-site worker.


Sales Tax

Sales tax is another area to consider, especially if your business sells goods or services. The location of your remote employees can affect nexus, which is the connection between a state and a business that triggers sales tax obligations. 

If a remote employee works in a different location than your primary business, this might create a nexus in that state, leading to sales tax responsibilities. Understanding how employee location impacts the sales tax nexus is vital for compliance.


Other State Taxes

Besides income and sales tax, other state-specific taxes may apply. These could include unemployment taxes, franchise taxes, or other business-related levies. Depending on your business structure and the nature of your operations, these taxes can vary significantly. 

It’s essential to consult with a tax professional who understands the nuances of state tax laws, ensuring that your business remains compliant while optimising tax obligations.


navigating taXes when working remoely from another state

For businesses that embrace remote work, understanding the complexities of tax laws across state lines is critical to effective management. When employees work remotely from a state different from where your business is located or where they are residents, the tax landscape becomes significantly more intricate. In some scenarios, remote workers may find themselves obligated to pay taxes in multiple states, which requires careful navigation to ensure compliance and optimise tax obligations.

Here, we’ll take a look at a few scenarios to paint a clearer picture.


Multi-State Taxation

Multi-state taxation refers to the tax obligations that arise when an individual earns income in more than one state. This situation is increasingly common with remote work, where an employee’s work location can be different from their employer’s state and their state of residence. As a business owner, understanding multi-state taxation is vital to ensure that you’re withholding taxes correctly and providing accurate guidance to your employees.

Here are some common scenarios that might affect your business:


1. Working in Multiple States

Consider an employee who lives in New Jersey but works remotely for a company based in New York. They might be subject to income tax in both states. This scenario requires understanding the tax laws in both states to determine where and how much tax should be withheld.

2. Temporary Work Locations

If an employee temporarily relocates to another state to work remotely, this might also create tax obligations in that state, depending on the duration of their stay and the state’s tax laws.

3. Telecommuting for Out-of-State Employers

Employees telecommuting for an out-of-state employer may have to pay taxes to the state where the employer is located in addition to their resident state taxes, depending on the specific laws of those states.


Tax Credits and Reciprocity Agreements

To alleviate the burden of double taxation, many states offer tax credits to residents who pay income taxes to another state. This means if your employee pays taxes to the state where they work, they may receive a credit on their resident state tax return, reducing their overall tax liability.

Reciprocity agreements between states allow residents of one state to work in another state without having to file non-resident tax returns there. This simplifies tax filing for employees who live in one state but work in another.

So, if an employee lives and works in states with a reciprocity agreement, they generally only need to file a tax return and pay income taxes in their resident state. It’s crucial for employers to be aware of these agreements to ensure correct tax withholding and guide their employees appropriately. Staying informed and seeking expert advice when necessary can help ensure compliance and reduce tax complexities for both the business and its employees.


Comprehensive tax responsibilities for remote workers

Comprehension of the tax responsibilities of remote workers requires a broad understanding of various tax obligations at federal, state, and potentially local levels. This comprehensive approach ensures that employers and remote workers know their duties and can make informed decisions to remain compliant. 

In this section, we will explore the specifics of tax deductions tailored for remote workers and delve into the critical area of tax planning and compliance, providing essential insights for businesses and their remote workforce.


Deductions Specific to Remote Workers

Remote work brings with it a unique set of opportunities for tax deductions, though these can vary significantly based on the worker’s employment status.

For remote employees, the landscape of tax deductions has shifted in recent years. While traditional office workers might claim commuting costs, remote workers have different expenses. These can include a portion of home utilities, internet costs, and office supplies. However, it's important to note that under current tax laws, employees cannot deduct these expenses on their federal income tax returns, though some states might offer such deductions.

In contrast, self-employed individuals and independent contractors have broader opportunities for deductions. They can often claim a home office deduction, provided the space is used regularly and exclusively for business. Additionally, expenses like office supplies, equipment, and even a portion of their internet and phone bills can be deductible.

The distinction between employee and self-employed status is critical when considering tax deductions. Self-employed individuals have more leeway in deductions, as their expenses directly impact their business income. In contrast, employees are more restricted, especially after tax law changes in recent years. Understanding these differences is key for remote workers and employers in optimising tax benefits.


Planning and Compliance

Tax planning is vital in managing the complexities of multi-state taxation and ensuring that all obligations are met. It involves understanding the tax implications of working in different jurisdictions, taking advantage of available deductions, and structuring income efficiently. For businesses, this might mean consulting with tax professionals to devise strategies that benefit both the company and its remote workforce.

Staying compliant with tax laws across different jurisdictions can be challenging, but resources are available to assist. These include consulting with tax professionals specialising in remote work taxation, using software tools that help track and manage tax obligations, and staying updated with the tax laws in each state where remote workers are located. Employers can also provide informational sessions or resources to their remote employees, ensuring they know their tax responsibilities and any available benefits.

A comprehensive approach to tax responsibilities for remote workers involves a deep understanding of federal, state, and local tax obligations, strategic planning for deductions, and a strong commitment to compliance. By embracing these principles, businesses can support their remote workforce effectively while ensuring all tax obligations are met.


Common Remote Tax Pitfalls (and How to Avoid Them)

Employers navigating the complexities of remote work taxation often encounter several common pitfalls. Understanding these pitfalls is crucial for maintaining compliance and supporting a productive remote workforce within your business.

Let's explore these challenges and how to effectively address them.


1. Misclassifying Worker Status

One of the most frequent mistakes employers make is misclassifying workers as independent contractors when they are, in fact, employees. This error can lead to significant tax and legal consequences. Misclassification affects the payment of employment taxes and can result in penalties. 

Be sure to carefully assess the nature of the working relationship you have with each individual, considering factors like the degree of control over the work and the worker's autonomy.


2. Failing to Understand State Tax Requirements

Employers often stumble when dealing with state tax requirements for remote workers. This challenge becomes particularly acute when employees work in a different state from where the company is based. 

Each state has its own set of rules regarding income tax for remote workers, and failure to comply with these can lead to penalties and interest charges. Employers must stay informed about the tax laws in all states where their remote employees reside.


3. Overlooking Local Tax Obligations

Beyond state taxes, local tax obligations can also trip up employers. Certain cities and local jurisdictions impose their own taxes, which might include payroll taxes or local income taxes. These can be easy to overlook but are equally important for compliance. 

Employers should ensure they understand and meet these local tax requirements to avoid unexpected liabilities.


4. Incorrectly Handling Multi-State Taxation

Mismanaging multi-state taxation is another common pitfall faced by companies who opt for remote-friendly work. Employers may find it challenging to determine which state has taxing rights over an employee’s income, leading to errors in tax withholding and filings. 

This issue is particularly prevalent for businesses with many remote workers spread across various states. Proper assessment and adherence to multi-state tax laws are essential to prevent costly mistakes.


How to Avoid These Common Pitfalls

Partnering with an Employer of Record (EOR) is a viable solution to circumvent these pitfalls. An EOR partner can be responsible for legal and tax compliance, payroll, and HR functions. They have the expertise to handle worker classification, understand state and local tax nuances, and manage multi-state taxation efficiently. 

When you leverage their knowledge and infrastructure, your business can focus on its core business activities, confident that their remote work arrangements comply with all relevant tax laws and regulations.


Final thoughts on working remotely out of state

Wrapping up, this guide has provided a thorough understanding of the complexities surrounding remote work taxation, from fundamental principles to the detailed intricacies of multi-state taxation. We’ve shared key insights into managing both federal and state tax obligations, which is crucial for employers in today's dynamic work environment. And we’ve highlighted unique challenges faced by businesses choosing to embrace remote work, especially when your team works across different states, ensuring you are well-prepared to navigate these complexities confidently.

But, we understand that managing the tax responsibilities of a remote workforce can be daunting. So, why not utilise our EOR service? Our expertise in handling legal and tax compliance, payroll, and HR functions will enable you to focus on your core business operations while we ensure that your remote work arrangements remain compliant with all relevant tax laws and regulations. Reach out to us today to explore how our EOR service can empower your business in the ever-evolving landscape of remote work.


Adam DeSanges

Part of Emerald since 2006, Adam has personally developed an Executive Search process that has been incorporated throughout the entire Emerald Technology business and has enabled our team to offer an unrivalled, collaborative service to our clients. As one of our Company Directors, he is responsible for leading, training and mentoring this methodology.

End-to-end recruitment FAQ's

What locations do Emerald search, hire and payroll in?

We offer a limitless solution. We source, onboard and payroll employees in every region worldwide (except sanctioned countries.)


Who are Emerald’s customers?

We support Pre-IPO, VC or PE backed technology start-ups. We are a trusted partner to some of the most innovative and globally recognised technology companies since 2000.


How quickly can Emerald onboard employees?

We can compliantly onboard employees on average of just 24-72 hours.