Question

Employed in FL but reside in Mass

Forum|Forum|1 year ago
July 22, 2024
2 replies
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My employer is located in Florida but I reside in Massachusetts and work remotely. I do not owe any property.

Is my FL employer subject to pay Massachusetts tax simply because that is where I reside?

Not A Product Question

DoninGA

Your state taxes all income you receive regardless of where the employer is located.

DoninGA

The employer is not required to withhold MA state taxes on your wages unless the employer has a presence in MA. Have asked your employer to withhold MA state taxes from your wages?

X

xmasbaby0

If your employer is not withholding MA tax from your paychecks, and cannot or will not do so, then you can make estimated payments to the state yourself to avoid a big state tax bill at tax filing time. The fact that your employer is located in Fl does not exempt you from paying MA tax--you live and work in MA, so you are subject to paying income tax to MA.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

rjs

"Employed in FL but reside in Mass"

You are not employed in Florida. You are employed in Massachusetts by a company that has its headquarters in Florida. You work in Massachusetts, not in Florida.

"Is my FL employer subject to pay Massachusetts tax simply because that is where I reside?"

The wording of your question sounds like you are asking about the implications for your employer, not for yourself. Are you asking (a) whether you have to pay Massachusetts tax, (b) whether your employer has to withhold Massachusetts tax from your pay, or (c) whether the company that you work for has to pay Massachusetts business tax on its income?

Under Massachusetts law, if the company you work for is a corporation, having even one employee in Massachusetts (such as you) means that the company is considered to have a presence in Massachusetts and is therefore "subject to the tax jurisdiction of Massachusetts." A common term for this is that the company has nexus in Massachusetts. It's not because you live in Massachusetts; it's because you work in Massachusetts. Having nexus means that the company has to file a Massachusetts corporate tax return. It probably also means that they have to withhold Massachusetts tax from your pay.

I am not a lawyer or an expert on Massachusetts taxes. This is just what I've learned from a quick bit of research. Your employer should consult its own lawyers or tax advisers concerning the implications of having an employee in Massachusetts.