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Comments on news posted 2005-03-30 12:03:10: The New York State Court of Appeals has ruled that a Tennessee programmer - who works for a NY company from Tennessee via broadband - must pay NY state income tax. ..

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Goober
Premium
join:2000-12-17
Naperville, IL
Pickpockets

It's long been known that NY has the greatest number of pickpockets anywhere. Now it's proven.


ColdFiltered

join:2005-01-25
Atlanta, GA
Wonderful ... Tax ALL out-sourced & overseas work!

Sounds like NY has been taking taxation lessons from CA. So, now OTR workers who work for NY companies are to be taxed, too, even if they spend little or no time in NY?

moonpuppy

join:2000-08-21
Glen Burnie, MD
·Verizon Online DSL

I wonder if this will stand up in court?

So basically, we can now charge commuter taxes. Say you live in a cheaper suburb but work in the expensive city. Should you have to pay taxes on where you work?

I can see a great many companies start moving operations out of high tax areas and into lower tax places.

Also, what about taxing people who telecommute from outside the country?

Say you have a satellite office in New York but work in Virginia. Should New York get to tax you too?

Oh this is going to get real messy, real quick.


celeritypc
For Lucky Best Wash, Use Mr. Sparkle
Premium
join:2004-05-15
Caldwell, NJ

The Vampire State

NY tries everything it can to suck dollars out of every person who passes through.

The problem here is that if the programmer is an employee rather than a contractor, he is, indeed subject to the NY income tax. If he pays Tenn. income tax, he probably will get a credit for the tax he pays to NY. The problem is that he would most likely have a higher tax burden in NY then Tenn. This way NY not only screws the person, but the state he lives in as well.

NY has another nasty habit of taxing the total income of a married couple even if one spouse does not derive any income from NY.


raydog1
Feel Secure
Premium
join:2003-07-10
La Vergne, TN
That SUCKS!

Sorry. Can't think of anything more constructive to say.
It's just how I feel as a fellow non-state income tax paying Tennessean.


celeritypc
For Lucky Best Wash, Use Mr. Sparkle
Premium
join:2004-05-15
Caldwell, NJ
reply to moonpuppy
Re: I wonder if this will stand up in court?

Commuter taxes on people who do not live in the state where it is levied has already been found unconstitutional. You know, that whole "taxation without representation" thing.

russotto

join:2000-10-05
Collegeville, PA
Probably will go to the Supreme Court

It's no surprise that a New York court would rule that New York can tax non-New Yorkers. This will be decided in the Federal courts, whether in this case or another one.


NOCMan
Verizon Fios User
Premium
join:2004-09-30
Flower Mound, TX

Clearest Example of Taxation without Representatio

I cannot see why this did not win on merits of Taxation without Representation which is one of the founding auguements that led to the formation of this country.

The guy works in Tenessee and will have to pay Tenessee state tax and New York state tax now and NY will probably sue for back taxes. Yet New York provides this guy no services that he's paying taxes for. His lawyers should immediately file a federal appeal.

This is clearly another assault on the middle and under classes who cannot afford to live in expensive cities and in some areas are forced to live in another state due to close proximity. New York city borders New Jersey and I know many who live across New Jersey in PA just to get affordable housing.

clecssuck

join:2002-01-23
Birmingham, AL
It'll stop the outsourcing

Go ahead and make Hashmish in India pay income taxes in NY and any other U.S. city he talks to. That $10 a day doesn't cut it now does it?
--
Well never forget Dale Earnhardt #3


N10Cities
SILENCE I Keel You
Premium
join:2002-05-07
Roland, OK
clubs:
·Cox HSI
·World Lynx


1 edit
What kind of bunk is this????

Other states apparently have a clue..... my employer is located here by the state line between Arkansas and Oklahoma. For a while, I lived in Oklahoma and commuted into Arkansas to work, but only paid OK income tax. As far as Arkansas was concerned, I just had to supply a voucher stating that I had paid OK income taxes for the year. No biggie. According to the article, TN doesn't charge income tax if I read the article right, so he was probably getting a good deal...before this all hit...


packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:
·Optimum Online


1 edit
reply to Goober
Re: Pickpockets

double tax?

So a Truck Driver that hauls on the east cost has to file in every state? (- taken to the extreme if NY can get away with it every other state will try)

He's not going to make any more..

This is just Ludicrous
--
--Who do you want to pay off today?

clecssuck

join:2002-01-23
Birmingham, AL
reply to NOCMan
Re: Clearest Example of Taxation without Representatio

I agree but Ocupational taxes are allowed to exist and they are clearly unconstitutional.
--
Well never forget Dale Earnhardt #3


bell_s

join:2003-08-22
Romania

How about outsourcing?

if your support center is in India and your employees there connect to the company and the customers through broadband i guess they should tax those people as well... right?
quote:
New York provides the job, New York provides the professional opportunity, and New York should be able to tax that income, even if the employee for his own convenience was working outside of New York State,'' said Marc Violette, spokesman for New York Assistant Solicitor General Julie Mereson.
i guess that outsourcing fits this description. right?
--
Time travel is impossible.but i won't bet on it as the guy might be from the future and he'd already know that he's going to win.

Plldwnyrpnts

join:2003-04-19
Chicago, IL

reply to ColdFiltered
Re: Wonderful ... Tax ALL out-sourced & overseas work!

So people in India should be taxed if their employer is in NY.

I work for a company in Chicago. The parent company is in DC. Does that mean I should pay DC tax?

What about all of the other companies that have offices in different states? Should employees be charged tax from the parent company's state? If the answer is no, how hard would it be to set up an office in Tennessee and avoid NY tax all together? May be the only option to avoid this problem.


packetscan
Premium
join:2004-10-19
Bridgeport, CT
clubs:
reply to bell_s
Re: How about outsourcing?

Your Correct


DaveNJ
No Fear

join:1999-09-01
New Jersey
Give them the Jersey

NY tried this in NJ, then surprisingly there was a tax on new yorkers coming into nj. Revolt, its the only solution.


GreggE
Thinking - Thinking
Premium
join:2003-06-01
Mid Tenn

reply to Plldwnyrpnts
Re: Wonderful ... Tax ALL out-sourced & overseas work!

said by Plldwnyrpnts See Profile:

So people in India should be taxed if their employer is in NY.
Good Point!!
I also live in Tennessee and we have no State Income tax, but we are taxed in other ways to make up for it. This is total crap for this guy - paying taxes for police, fire, roadways, and everything else he doesn't use in NY!
Just another way to get money from Joe Taxpayer


Plasticman
Will Work For Bandwidth
Premium
join:2002-09-06
Harrisville, RI
clubs:
·Cox HSI

The Government is GREEDY

I work for a Non Profit company in the state of Mass and I live in Rhode Island. I have Mass state taxes taken out of my paychecks. I do not have taxes taken out for Rhode Island. But I do have to file a Rhode Island tax return as well as a Mass Tax. I am lucky that my nephew is living with me cause I am actually getting a few bucks back from RI. If I could not claim him I would have to pay.

Plasticman
--
Grant me the serenity to accept the things I cannot change, the courage to change the things I cannot accept, and the wisdom to hide the bodies of those people I had to kill today because they pissed me off

Beeper
Part Of The Problem

join:2001-09-27
Dayton, OH
clubs:

1 edit
Exhibit A

This is one of the reasons income taxes ought to be abolished, and the nation switched to a sales tax.


nixen
Rockin' the Boxen
Premium
join:2002-10-04
Alexandria, VA
·Cox HSI
·Speakeasy

reply to celeritypc
Re: I wonder if this will stand up in court?

said by celeritypc See Profile:

Commuter taxes on people who do not live in the state where it is levied has already been found unconstitutional. You know, that whole "taxation without representation" thing.
For state-level taxes, yes. However, for city taxes... All I gotta do is point you to anyone that works in the city of Philadelphia.

-tom
--
"Some people have morals, standards and ideals about quality, but I'm an American: I couldn't care less." --Tony Pierce (paraphrased)
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