FL residents working from home for a Massachusetts Employers

Forum|Forum|3 years ago
December 29, 2022
2 replies
22 views

I have two clients who are FL residents and officially are remote 100% remote employees. 1 employer stopped withholding Mass state taxes in September 2022 and the other employer is withholding state taxes. Do they file a Mass State Return as non-resident and pay taxes or they do not pay state taxes and all state taxes withheld is refunded to them? How does the Convenience of the Employer rule works in mass?

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Best answer by Terry53029

As Sircpa said they are working in FL for their convenance, and as such would owe MA tax on MA source income. Here is link: https://www.mass.gov/guides/personal-income-tax-for-nonresidents

sjrcpa

Level 15

"How does the Convenience of the Employer rule works in mass?"

I think that's moot. Isn't living and working in FL for the convenience of the employee?

The more I know the more I don’t know.

T

Terry53029

Answer

Intuit Community Champion

As Sircpa said they are working in FL for their convenance, and as such would owe MA tax on MA source income. Here is link: https://www.mass.gov/guides/personal-income-tax-for-nonresidents

rbynaker

Level 13

I'm no MA expert but my read is that it's only MA source until 90 days after the COVID emergency was lifted (9/13/21). After that it's FL sourced since they are physically working in FL.

T

Terry53029

Intuit Community Champion

After doing a little research I believe I will have to agree with rbynaker

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