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hillsboro15269
Level 5
April 4, 2020
Solved

Self Employment multi state

  • April 4, 2020
  • 18 replies
  • 54 views

Client is self-employed (Sole Prop), consulting.

She spent a lot of time in other states, earning money in those states.

Does she need to file a state return for the states where she worked?

(If she were a partnership or corporation, I know the answer would be "yes." For Sole Props I'm not sure.)

This topic has been closed for replies.
Best answer by qbteachmt

Nexus = your activity is treated the same as if you are there, such as, I work from Montana to provide a consulting service using the internet to Texas or CT and they want me to pay Sales Tax on the service rendered, the same as a local provider would be doing.

Wayfair = the people that advertise on TV for online ordering and delivery of household goods, including headboards with bed bugs. They got sued by South Dakota for not collecting sales taxes on sales made to people in that State. Wayfair is the settlement that opened up the world wide web to Nexus for sales taxes "across State Lines" for purchases from online sellers.

"It is possible the Ohio travel is related to a portion of the income reported on the 1099 from Ohio, but not 100% certain."

Your Client knows. No one is just working blindly not knowing who hired them for what or why they just traveled to OH or not knowing who paid them. Sheesh; hold that client responsible. And it's not just 1099 details; it is All Revenue that needs to be part of tax reporting. You know this. Tell the client to give Details.

"Let's take CA. I used to be a tax prep in that state, and I know they like to tax everything."

Try this one: A CA lottery winner moved to MT and all their lottery income is taxed here.

"But there's no 1099 from CA. How would FTB know she earned money there?"

Because a company with a CA tax return that filed information returns (1099) with their own CA address has reported there are payments made to someone not having a CA address? I like to use the word "discoverable" as in, if there is any sort of paper trail, that is Discoverable, if someone starts looking.

"If she's required to pay, how much should she pay?"

On what she reports, for what qualifies.

"Should it be based on the income she received from CA (which is technically $0, according to the 1099-MISC) or the amount of time spent in CA?"

Well, this just got confusing. You stated there is no Income, even though she worked while in CA? But, no income means no work.

 

And remember, even if she makes $2,000,000 as long as no one party pays $600 or more, there is never any 1099-M (NEC) issued. So I would drop the presence of 1099 from the discussion of proper reporting and filing of taxes, since it doesn't apply to what you, a professional tax preparer, are supposed to be doing.

18 replies

BobKamman
Level 15
April 4, 2020

It depends on which state, how long she worked there, how much she made.  

Just-Lisa-Now-
Intuit Community Champion
April 4, 2020

If she got any 1099s from California, Im sure they'll be expecting a tax return.

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
Intuit Community Champion
April 4, 2020

You need to check filing requirements for each state she had income in.

Intuit Community Champion
April 4, 2020

As noted, it depends on each particular state.

Not only do you need to look at the filing requirements, but you need to review each states nexus standards.

While Quill and National Bellas Hess were specific when dealing with economic nexus (limiting this to sales and use tax only), the Wayfair decision was more broad.  This decision did not expressly differentiate between state income tax or sales and use tax when it changed the physical presence rule.  As a result, states are more likely to be more aggressive on their economic nexus standards.

qbteachmt
Level 15
April 4, 2020

It's just amazing what you get as Results from a google web search on:

consulting services taxable by state

Example:

https://www.avalara.com/us/en/learn/whitepapers/service-taxability-by-state.html

Don't yell at us; we're volunteers
Intuit Community Champion
April 4, 2020

And the amazing result as stated in the "google search":

Remember that within each category of services, states can still have drastically different regulations.  For instance, both Florida and Iowa are marked as taxing “business services,” even though Iowa taxes a wide range of these services and Florida only taxes security and detective services.

For more details about the specific tax liability of your business in individual states, consult state Departments of Revenue for additional information.

Not sure I would want to sit in front of a taxing authority with a google search as my defense.