TaxProf Blog

Editor: Paul L. Caron, Dean
Pepperdine University School of Law

Wednesday, November 2, 2005

More on the Telecommuter Tax

Telecommuters employed by a company outside their home state may be at risk of having to pay extra taxes unless Congress adopts a bill protecting them, experts said Tuesday.

The U.S. Supreme Court on Monday refused to hear the appeal of a Tennessee computer programmer who claimed that New York was violating his constitutional rights by forcing him to pay taxes on income he earned in his home state while telecommuting....

The Telecommuter Tax Fairness Act, reintroduced in the Senate in May, would protect telecommuters from double taxation. The bill is in committee and not yet scheduled for a vote, said a spokeswoman for Sen. Christopher Dodd, a Democrat from Connecticut.

"Congress can resolve this tomorrow. Congress has the power; there's no question," said Walter Hellerstein, a law professor at University of Georgia and author of books on state taxation. Hellerstein said he could understand why the Supreme Court didn't want to consider the matter. "Where does a telecommuter earn his income? That's a pretty hard question" to answer, he said.

For prior TaxProf Blog coverage of this issue, see here, here, here, here, here, and here.

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