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Level 2
March 27, 2020

Telecommuting

  • March 27, 2020
  • 8 replies
  • 23 views

Should Illinois withhold tax from someone who lives and works from home in Pennsylvania?

 

The employer is located in Chicago.

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    8 replies

    sjrcpa
    Level 15
    March 27, 2020

    Illinois is not withholding the tax. The employer is.

    And no they should not if the employee performs all services in PA. Employee needs to provide proper IL exemption from withholding form to employer.

    The more I know the more I don’t know.
    itonewbie
    Level 15
    March 27, 2020

    Just as Susan says.

    IL is not among one of the few states that tax telecommuters who do not work remotely for the convenience of their employers.

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    Chris MAuthor
    Level 2
    March 27, 2020

    Yes that is what i find confusing. Illinois is not one of the states that taxes telecommuting. However, I read that non residents are taxed if they receive Illinois source income. Source income is based on where the company is located.

    itonewbie
    Level 15
    March 27, 2020

    Are you referring to the Compensation Paid in State provision?  The sounding of that provision is not exactly the same as how it's meant to be applied.  That section refers to localization of service and base of operation, which should not apply to your client's case, from the limited info you shared.  You may like to read up that section and the guidance in more details to clear your doubts.

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