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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."'"

13 of 810 comments (clear)

  1. GNAA FP by __aavhli5779 · · Score: -1, Troll
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  2. Re:So does this mean .. by Godman · · Score: -1, Troll

    I'm sorry, I couldn't here you over all the shouting about gay niggers...what did you say?

    --
    I have this really funny quote that I like to put here. Unfortunately, there's this really annoying thing called a char
  3. Re:So does this mean .. by Bingo+Foo · · Score: 0, Troll

    Welcome to AmeriDDDuh!

    --
    taken! (by Davidleeroth) Thanks Bingo Foo!
  4. Re:Offshoring? by Anonymous Coward · · Score: -1, Troll

    The New York State Court of Whoring Bastards will set that great precedent. Soon Apu the Pakistani Dominican answering phones in the Dutch Antilles for a Bermuda-based company will have to pay the New York State Work Prostitution Tax of 15% on his $0.22 a day income. Poor Apu the Pakastani Dominican, how shall he pay for his wife's sex change operation at this rate? Why have the gods so cursed Apu the Pakastani Dominican. Curse you, New York State Court of Whoring Bastards!

  5. Re:Flawed logic by Anonymous Coward · · Score: -1, Troll

    man it must suck to be an american!

  6. Re:Services by DAldredge · · Score: 0, Troll

    That is what property and use taxes are for.

  7. The Big Apple by Baldrson · · Score: -1, Troll

    Why is it that this ruling by a New York court reminds me that New York has the highest rate of HIV infection?

  8. Re:Flawed logic by Anonymous Coward · · Score: -1, Troll

    >>...to make offshoring less economically attractive ...

    Why? Is everything you own made locally - your car, your microwave oven, your TV, your clothes? With everything foreign you buy, you outsource those jobs. Yet our standard of living is now higher than ever - for those foreign products reduce the price and increase the quality of all goods. Foreign car buyers were once pilloried. We now all benefit from foreign car manufacture.

    Instead of trying to hobble competition, why don't you harness it? Why not invest in said outsourcing companies and share in the rewards of their successes? Look at the performance of software outsourcing companies in the markets.

    Wanting companies/individuals taxed more heavily is tantamount to promoting protectionism. Actions such as NY's lower the standards of all productive people - especially those in NY. Productive people and profitible companies move elsewhere.

  9. Re:Why? by krunk4ever · · Score: -1, Troll

    He doesn't use NY roads

    how the heck does he get to work then? fly? also how bout cleaning pollution and environment stuff. by working in NY, he is automatically exposed to the services NY provides no matter voluntarily or involuntarily.

    but i do agree he should be taxed on 100% of his income, but rather a smaller percentage.

  10. Re:Screw New York by mtrupe · · Score: 0, Troll

    Excellent point. They shouldn't be able to tax those who can't vote there. It makes no sense-doesn't this violate federal law?
    http://fromthemorning.blogspot.com/

  11. Re:Indeed, things are going afoul... by DAldredge · · Score: 0, Troll

    Don't forget the addition 3% tax on 'junk' food and soda or the aditional use fees they want.

    What happened to the GOP in this state?

  12. Taxes have gotten out of hand. by Mattcelt · · Score: 1, Troll

    I think there should be a radical restructuring of the entire U.S. tax code. There are several things I would put as highest priority:

    - You cannot be taxed twice on the same income
    - all services, goods, and fees which are mandated by any government entitiy are counted as taxes
    - total taxes paid, including all income taxes, fees, sales taxes, etc., cannot exceed a certain percentage of your income. Anything in excess of, say 40% (though I think 20% would be more reasonable) of gross income gets refunded.
    - a flat tax rate instead of the ridiculous graduated tax rates. (Where I can actually make more money and end up with less because my tax percentage jumps.)
    - taxes are subject to jurisdictional delineations; if you are not using the services provided by a jurisdiction, you cannot be taxed by that jurisdiction (including the Federal government if you live outside the U.S. (except a small stipend to help support the Embassy/Consul in your country of residence)).
    - The inheritance tax should be abolished altogether. It is simply unconscionable.

  13. Re:Un-American by magarity · · Score: 0, Troll

    There's no such thing as an un-American remark if it's made by an American

    BS. Ward Churchill is an American and makes un-American remarks all the time.