do you pay taxes as lawyer based on where you live or work

by Everardo Welch 9 min read

Instead of paying taxes where you work, you will pay taxes in your resident state, which is the state where you live. Pennsylvania and New Jersey, for example, have such an agreement. If you live in Pennsylvania but work in New Jersey, you pay your tax to Pennsylvania where you live.

Your income tax liability may change based on the state you're in, but you should expect to file taxes for both states: one return as a resident for the state where you live and a separate return as a nonresident for the state where you work.Apr 8, 2021

Full Answer

Do you pay taxes based on where you live or work?

This will depend on the state they’re in and whether they meet thresholds based on income generated or time spent there. Generally, you pay taxes based on where you work or earn income. More than two states can be involved in the mix, as well.

Do I have to pay taxes on lawyer fees?

You owe taxes on the entire amount you receive, including any attorney fees. Even if you don't take the money home, it's still part of your award. In addition, if the opposing side has to pay your attorney's fee, that fee is also taxable. In certain types of lawsuits, you may be able to deduct your attorney fees.

Do you need to file taxes if you work from home?

People who work from home (or nomadically) don’t always have access to the information they need. If you work remotely or have employees who do, this guide can help you stay compliant no matter where you call HQ. Workers in the United States usually file two types of taxes: state and federal.

Do I need a tax accountant or lawyer for settlement payments?

If you spread your settlement payments over a number of years, you will reduce the amount of income subject to the highest tax rates. To stay on the right side of the law and navigate the post-settlement process, you might need the help of a tax accountant or tax lawyer.

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Where do you pay taxes if you work remotely?

In general, if you're working remotely you'll only have to file and pay income taxes in the state where you live. However, in some cases, you may be required to file tax returns in two different states. This depends on your particular situation, the company you work for, and the tax laws of the states involved.

Do I pay taxes based on where I live or work?

The easy rule is that you must pay non-resident income taxes for the state in which you work and resident income taxes for the state in which you live, while filing income tax returns for both states.

Are taxes the same wherever you live?

Federal income tax rates are based on your income and filing status—not by where you live. Therefore, the same federal tax rates apply to everyone, no matter which state they live in. However, state taxes vary, so a taxpayer's total tax liability will differ depending on where they live and earn income.

How do I file taxes if I work in one state and live in another?

You'll file a nonresident state return in the state you worked. On it, list only the income you earned in that state and only the tax you paid to that state. You'll then file a resident state return in the state where you live. On this return you will list all of your income, even that which you earned out of state.

Can I be a resident of two states?

Legally, you can have multiple residences in multiple states, but only one domicile. You must be physically in the same state as your domicile most of the year, and able to prove the domicile is your principal residence, “true home” or “place you return to.”

Can I work remotely from another state?

Most people are domiciled and reside in only one state, but working remotely in another state may change things. A worker may have tax obligations in any state where they reside and possibly the state where their employer's worksite is located.

Do legal residents pay taxes?

A green card holder is a person who is a lawful permanent resident of the United States, even if he or she lives abroad. If you have a green card, you must pay U.S. taxes even if you spend most of your time outside of the country.

Can I live in a different state than my LLC?

Yes. You can register your LLC in a different state if you comply with the laws and regulations of both states.

What states have no income tax?

Nine states — Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming — have no income taxes. New Hampshire, however, taxes interest and dividends, according to the Tax Foundation. It has passed legislation to begin phasing out that tax starting in 2024 and ending in 2027.

Do I have to pay California state income tax if I live out of state?

California can tax you on all of your California-source income even if you are not a resident of the state. If California finds that you are a resident, it can tax you on all of your income regardless of source.

Do I have to file taxes in two different states?

If both states collect income taxes and don't have a reciprocity agreement, you'll have to pay taxes on your earnings in both states: First, file a nonresident return for the state where you work. You'll need information from this return to properly file your return in your home state.

How do taxes work if you live in NJ and work in NY?

New Jersey residents who work in New York State must file a New York Nonresident Income Tax return (Form IT-203) as well as a New Jersey Resident Income Tax Return (Form NJ-1040). Your employer will have withheld New York state taxes throughout the year but you'll need to file in New Jersey as well.

What to do if you didn't pay taxes?

If you paid someone you shouldn’t have, simply file a return in that state requesting a refund. If you didn’t pay a state where you do owe, calculate the amount of tax due and file a return with a payment.

How long do you have to work to get state tax withheld?

Some allow you to work in the state anywhere from 2 to 60 days before they start withholding tax. Others will start taxing you after you earn a certain dollar amount. Some use both criteria. In Georgia, for example, you must have state taxes withheld from your pay after you’ve worked more than 23 days, earned more than $5,000 or earned 5 percent or more of your income for the year in Georgia.

How long do you have to work to get a Georgia tax refund?

If you work in Georgia for 25 days, for example, they may start withholding state taxes from your pay. If you then stop working in Georgia after day 25, they may not get to keep the money. In that case, you would simply file a return asking for a refund. Find An Accountant >>.

How much tax do you pay if you move halfway through the year?

If you moved halfway through the year, you’ll pay 6 months’ worth of tax to West Virginia and 6 months to Pennsylvania. Now let’s go back to our original example. If you live in Pennsylvania and work in New Jersey, you pay tax where you live because the two states have a reciprocity agreement.

How long do you have to work to get your taxes cut?

Other states use different criteria to decide when to tax you. Some allow you to work in the state anywhere from 2 to 60 days before they start withholding tax.

How long do you have to stay in a state to get your taxes?

Although it can vary by state, it’s common for a state to want taxes from you if you’ve stayed there for more than half the year, or for 183 days. These days don’t necessarily need to be consecutive. You can bounce back and forth between one state and another, but once you’ve been around for more than 6 months most states want their cut of your money. Other states use different criteria to decide when to tax you.

What to do if you move your address to another state?

The tax situation isn’t all that complicated if you keep good records. Write down the exact date of your move and tuck the information in a safe place until tax time .

Which states do not have state income tax?

Like Florida, six other states (Alaska, Nevada, South Dakota, Texas, Washington, and Wyoming) have no state income tax.

Do you pay state taxes if you work from home?

As long as you stay within the time limits of the physical presence test (or other filing requirements) for that particular state, you may only pay state income tax for your resident state. This means that Florida residents who work at home for out-of-state companies may pay no state income tax at all.

What happens if you work remotely and live in a different state?

If you work remotely and the company you work for is in a different state than you live in, then your tax situation will differ from someone who physically travels to another state for work.

What happens if you are double taxed?

If you end up being double-taxed, your resident state entoitles you to a credit for the taxes paid to the non-resident state. This should be a dollar-for-dollar reduction.

Do you have to pay taxes if you live in another state?

Although certain states have varying non-resident tax laws, generally, if you live in one state and work in another remotely (so you don’t physically travel to another state for work), then you would only file and pay taxes to your resident state.

Do you report income earned while working remotely?

Report ALL earnings on your Resident Tax Return! The most important thing to keep in mind if you work remotely is that you’ll need to report your income earned (no matter what state it’s from) on a resident state tax return (unless of course, you live in a income tax-free state). For example, let’s say you work remotely from your home in New York ...

Do you have to file a tax return if you work remotely?

That means, if you’re working remotely you’ll only have to file a resident tax return to the state you live in.

Do you have to pay taxes in Virginia if you work in New York?

If your job is in New York but you lived and worked in Virginia, it’s possible you’d have to pay income tax in both states. Even when states provide a credit, workers will have to shoulder that double tax burden until their tax returns come. So the convenience rule can feel very inequitable.

Do you pay income tax in state B?

Generally, your income tax is based on where you’re physically located when earning the income . So, if your job’s office is in state A, but because of the pandemic you’re living and working full time in state B, you’d pay income and all other taxes to state B. If state B has lower income taxes than state A, that would be a boon for remote workers who moved. It could also be a reason for more people to pull up stakes now that they’re less tethered to the office.

Can you work outside of convenience rule states?

If you work at a larger company, for example, they can assign you to an office outside of convenience rule states so you can avoid being taxed by a state you aren’t in , Stanton said. The Tax Foundation’s Walczak said that by looking for short-term tax windfalls, convenience rule states might lose long-term tax gains by driving businesses elsewhere.

Do you have to pay taxes if you work in Texas?

If your job is in California but you’re living full-time and working remotely in Texas, for example, you wouldn’t have to pay taxes on your wages, since Texas doesn’t have income tax. If your job is in New York, a convenience rule state, but you lived and worked in Texas, you would have to pay New York income tax.

Do you pay taxes on telecommuting?

For now, some governments are trying to alleviate the situation. A number of states have allowed people currently telecommuting to be taxed in the state where their job is located. New Hampshire, where many people who work for firms in Massachusetts currently live and work, filed suit in the Supreme Court over Massachusetts continuing to collect income tax on people working remotely in New Hampshire, which doesn’t collect income tax. A number of other states, including New Jersey, Connecticut, and Iowa, have filed amicus briefs in the case. There’s also bipartisan interest at the federal level to stop the practice, including proposed legislation called the Multi-State Worker Tax Fairness Act of 2020 that would tax remote workers by residence only.

What are the two types of taxes for remote workers?

Remote worker taxes in the United States. Workers in the United States usually file two types of taxes: state and federal. At the federal level, U.S. workers pay taxes based on where they physically work, not where their employers operate. State taxes are more complicated.

Which states are free from state taxes?

In 2020, employees are free from state taxes in Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. The state constitution of Texas outright forbids its government to create a state income tax. Remote workers in these states who do not perform work in other states only have to file federal tax returns.

Do you owe taxes if you work remotely?

If you are a citizen of the United States working remotely from another country, you may need to fill out some forms, but in most cases, you only owe taxes in the country where you live and work. U.S. citizen high earners (above $100,000 per year) may owe U.S. taxes even while working abroad, though.

Do independent contractors have to pay taxes?

People living outside the U.S. who work as independent contractors must remember to save money for their own taxes. Employers generally do not withhold any taxes from contractors or make payments to government entities on their behalf. Tax rates for contractors vary from country to country, so contractors should consult local guidelines for specific tax rates and savings tips.

Do remote workers have to file state taxes?

However, remote workers who travel to other states and work from there may have to file a nonresident state tax return. Remote workers do not have to file nonresident state tax returns unless they physically travel to another state and perform work while they are there. In certain cases, a reciprocity agreement may protect workers from taxes in different states.

Can you hire an employee through an EOR?

Ask your employer to hire you through an EOR. People who work outside the U.S. as contractors or employees don’t always get the support they need. By offloading payroll, benefits, taxes, and compliance to an EOR, such as Remote, companies can guarantee compliance with local labor and tax regulations while providing a better experience for their international teams.

Does every country have its own tax code?

Every country in the world operates under its own tax code. Attempting to summarize international tax laws in a few paragraphs would be as hopeless as counting grains of sand on a beach. For now, let’s stick to tax liabilities for remote workers who live outside the United States but work for companies based in the U.S.

Tax nexus

Tax presence or nexus, as it’s known in accounting circles, is at the heart of determining how states levy companies and workers.

Multi-state agreements

Some states have pacts with other jurisdictions in the area to minimize duplicative taxes and non-resident returns for cross-border workers.

Working while away

If you’re planning to work remotely on a long-term basis, understand how the state you’re working from will treat the income.

How much EIT tax is required for out of state employees?

If an employee works less than ninety consecutive days at a job location, employers must withhold the greater of the employee’s resident EIT tax (which is 0% for an out of state employee) or the employee’s Work Location Non-Resident EIT tax based on the location of the permanent home office of the employee. For the Example City, the amount withheld is 1.4%.

What is an example of an EIT tax withholding?

Example: If an employer has a West Virginia employee who is sent to a job site in Uniontown, Pennsylvania, and the employee reports directly to this site for ninety or more consecutive days, the employer would withhold nothing for the Example City and would withhold and instruct its work location municipality’s tax collector to pay to Uniontown the entire applicable Work Location Non-Resident EIT tax for this employee.

What is PA earned income tax?

Local earned income taxes for employees in Pennsylvania are political subdivision-based and divided with the local school district, depending on the employee’s residence. The EIT tax is assessed by the city, township, or borough (political subdivision) where the employee’s residence is located (for PA resident employees) and withheld and paid by the employer to the employee’s designated residence tax collector quarterly (“resident municipality”). For PA resident employees, in nearly all instances, the employee’s resident municipality will be paid its entire applicable EIT Tax, even when traveling and working at other job sites. The amount of EIT tax that is withheld is determined by comparing the employee’s residence EIT rate (“Total Resident EIT Rate”) to the municipality where the employee works (“Work Location Non-Resident EIT Rate” ). Employers must always withhold the higher of the two, which would be 1.4% for the Example City.

What is the income tax rate in Pennsylvania?

Most Pennsylvania municipalities levy an earned income tax on their residents at the rate of 1%. Nearly all municipalities also have a “non-resident” EIT tax rate, which is the same or higher than the rate for “residents.”. [3] Some distressed municipalities have a higher EIT Tax rate, resulting in the division of withholding taxes between ...

Does PA have EIT tax?

For a PA resident, employers would instruct its work location municipality’s tax collector to remit the resident’s EIT tax to its resident municipality, and any difference to the work location municipality, where the job is located. Usually there will be no difference, and the work location municipality will receive zero for the employee’s work. As set forth above, the PA resident’s resident municipality usually always gets its levied EIT tax.

Does Act 18 of 2018 require EIT taxes?

Act 18 of 2018, does not offer much guidance on this issue, but it could be interpreted to require the payment of the EIT tax to the job site municipality and hence a dispute may develop. The payment of taxes would be as outlined above for traveling employees.

Can an out-of-state employee pay EIT tax?

For an out-of-state employee, employers would instruct its work location municipality’s tax collector to remit the entire EIT tax to the work location municipality where the job site is located. Nothing would be paid to their employer’s work location municipality in this case.

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