States Square Off Over Taxing Remote Workers’ Income
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States Square Off Over Taxing Remote Workers’ Income
Ruling by Supreme Court would have budget implications for states that have lost billions of dollars in tax revenue during pandemic
Around $100 million to $400 million of New Jersey’s annual credits were for work done at home for New York companies before the pandemic. New York City seen from Weehawken, N.J.
Photo: Eduardo Munoz Alvarez/Getty ImagesDec. 23, 2020 10:00 am ET
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The rise of remote workers during the Covid-19 pandemic has led to a showdown in the U.S. Supreme Court over which state gets to tax their income.
More than a dozen states submitted legal briefs this week to weigh in on a petition that New Hampshire filed with the court in October to stop Massachusetts from taxing residents working remotely. The petition says Massachusetts doesn’t have the right to tax the income of New Hampshire residents who previously commuted to their jobs in Massachusetts but now work from home.
The case hasn’t yet been scheduled for a private conference among Supreme Court justices, who will decide whether they will grant it a hearing. A ruling would have significant budget implications for states that have lost billions of dollars in tax revenue during the pandemic and could set a precedent on taxing remote workers that endures past the coronavirus crisis.
The U.S. Congress has for years discussed setting clearer rules for interstate taxation disputes, but hasn’t passed any legislation. New Hampshire took its complaint directly to the U.S. Supreme Court, which has original jurisdiction over disputes between two or more states.
New Jersey, Connecticut, Iowa and Hawaii submitted a brief Tuesday urging the court to take up New Hampshire’s petition. On Monday, Ohio, Texas and eight other states with Republican attorneys general also weighed in on behalf of New Hampshire.
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