Taxing across borders


iconNew York courts have ruled that the state of New York can collect income taxes from people who don't actually work in New York.

The Court of Appeals ruled 4 to 3 that a computer programmer for a group of trade unions in Queens who works mostly out of his home in Nashville must pay New York State tax on all his income, not just on part.

The programmer, Thomas L. Huckaby, had argued that since he worked only a quarter of the time in Queens, he should pay New York tax on only a quarter of his income. But the court ruled that because the source of Huckaby's income was in New York--and because he was in Tennessee as a matter of personal convenience, and not because his employer needed him to work there--he must pay tax on his full income.

The decision, by Judge Susan Phillips Read, stated that he "is the one who chose to accept employment from a New York employer (with the advantages of a New York salary and fringe benefits) while maintaining his residence in Tennessee, some 900 miles and a two-hour plane trip distant from his New York employer's office."

Now keep in mind that this guy lives in Tennessee, which has no state income tax. Therefore the state of Tennessee doesn't have any vested interest in Huckaby's suit.

Where it will really get interesting is when they go after telecommuters in states that do have state income taxes. Will Connecticut let New York take away thousands of dollars in income taxes, because a telecommuter travels to the New York home office every other month?

When states try reaching across the border to make a money grab, it could get really ugly. (Civil war kind of ugly.)



Comments (3)      top   link me

Comments

No, you misunderstand.

Both states will take their cuts. They don't have a problem with that solution.

Posted by: Brian J. at March 31, 2005 8:34 AM

Are they going to start taxing people who do tech support in India?

As someone else said, were I Mr. Huckaby, I'd tell the State of New York to kiss my ass and come and get it.

Posted by: Kevin Baker at March 31, 2005 9:59 AM

"Civil War kind of ugly." Congress could shut that down in an instant, if they cared to. That's why the Constitution gives Congress the power to regulate interstate commerce. Now, if they would only limit the use of that clause to things that actually are in interstate commerce...

Posted by: markm at March 31, 2005 11:12 AM

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