Double taxation risk for out-of-state teleworkers - FederalTimes.com

In her letter on May 17 to FederalTimes.com, Nicole Belson Goluboff, author of "The Law of Telecommuting" and "Telecommuting for Lawyers" and member of the advisory board of the Telework Coalition (www.TelCoa.org) discusses double taxation risk for some out-of-state teleworkers.

Clearly, this is an obstacle for expanding the use of telework. HR 2600 Telecommuters Tax Fairness Act of 2009 would prohibit "a state from imposing an income tax on the compensation of a nonresident individual for any period in which such individual is not physically present in or working in such state or from deeming such nonresident individual to be present in or working in such state on the grounds that: (1) such individual is present at or working at home for convenience; or (2) such individual's work at home fails any convenience of the employer test or any similar test." For the status of this bill, search THOMAS on "Telecommuters Tax Fairness Act of 2009".