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New York Court Says Telecommuters Must Pay NY Tax

Posted by timothy on from the different-golden-rule-entirely dept.

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."'"

6 of 810 comments (clear)

  1. Flawed logic by mikethefreak · · Score: 5, Insightful

    By the same logic, it's for my (and all my coworkers') convenience that the Delaware based media company I work for's main office is in NYC and therefore I should ask NYS for a refund for the past 4 years. This is a dangerous precedent. -Mike

    1. Re:Flawed logic by magarity · · Score: 5, Insightful

      If you don't like living in the United STATES then LEAVE

      Excuse me, you've misspelled 'VOTE'.

  2. Screw New York by Jesus+2.0 · · Score: 5, Insightful

    Give me the right to vote, and I'll pay your damn taxes. Till then, up yours. I've got tea, you've got a harbor.

  3. Why? by InfiniteWisdom · · Score: 5, Insightful

    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. Why should he pay NY tax?

    PS: I am a NY resident myself.

  4. I'd also want use of their services by Sycraft-fu · · Score: 5, Insightful

    I'd want them to start to have to pay for school, roads, parks, police, etc here in Arizona. That's what your lower-level (as in less than federal) taxes fund. In the case of state taxes it's all state highways, and roads on state lands, the state universities, DPS, and so on. In other words: things I and my community use.

    New York helps pay for none of that, regardless of if I work for a company based there or not. Thus, I don't see any possible reason why they need the money. Arizona needs it because living here I use those services. I don't live in NY, they don't need it.

    So ya, if they give me the right to vote in state elections, and start sending money back to my state to pay for things, I'll call this fair. Until then, I'm saying it's an issue for federal court.

  5. Really time for a revolution... by RoadWarriorX · · Score: 5, Insightful
    Lets remind our distinguished ladies and gentlemen that the so-called "commuter" income tax is really... (drum roll please)

    Taxation Without Representation

    It's really that simple. I am not sure why the courts cannot understand it. Any third grader in a history lesson can understand that.

    Other than having a job in Anytown, USA:
    • I cannot use many of the city's cool services, like recreation, that are for "citizens only".
    • I cannot complain about the issues plauging the city (some I really care about!)
    • (and worst of all) I cannot vote in that city.

    I would think that any of the founding fathers would not stand any of this ridiculousness. It was a foundation of a revolution.

    Of course, I may be a little facetious, but taxation is just out of control.

    Whew! I feel a little better.
    --

    Coderz 4 Life