A community of 30,000 US Transcriptionist serving Medical Transcription Industry

If you are working for a company in another state, do they follow their state rules or your states? - totally curious

Posted: May 12, 2010

Workin in another state - travelinMT

[ In Reply To ..]
If you are an employee by law they have to follow the employment laws for the state you live in and file your taxes in. The taxes taken out of your check have to be sent to the state you are residing in. They also have to follow the OT rules, etc. for the state you reside in.

reallhy? so does this mean they wont take state taxes out since i live in NV? - confused

[ In Reply To ..]
and the MCSO is in a state with high state taxes?
i only ask cause California (not where current employer is located) is still trying to collect state taxes from me from years 2005, 2006 and 2007 all years I was residing in NV, however I was an independent contractor then... wonder if that makes a difference.

They can't do it! - old mt

[ In Reply To ..]
If you weren't a resident of CA they can't do that!!!! IC or SE it doesn't matter. If you weren't living in the Golden State they can't do it. If you have your tax returns that clearly state you were a resident of NV that is all you need for proof. What a bunch of BS - CA is really hurting for money so I guess they think they can trick people into paying... If you had a residence and a driver's license for NV those years that would probably help to prove your point. Don't sweat it - THEY DON'T GET THE $$$$$$$$

Not sure about that? - Typin_away

[ In Reply To ..]
Different industry but my friends husband is a painter and he had a big job in NJ and we live in PA and he had to pay NJ taxes. He lived in PA, may have stayed in the hotel through the week and home on the weekends.

That would probably be considered a part-time - sm

[ In Reply To ..]
resident and he would need to pay taxes for the state for the time he "lived" there.

Different situation. She did not live in the state at all. - NM

[ In Reply To ..]
x

That could be, didn't think about that. NM - Typin_away

[ In Reply To ..]
nm

If you do not physically live in the state, they cannot - sm

[ In Reply To ..]
take out taxes. You only pay state tax to the state where you live. Where I live there is a "city occupational tax" that is withheld from everyone who lives in teh city limits, even those who do not live in the city and/or live out of state, but they get it refunded when they file their taxes every year. I would contact the state revenue office in California and tell them you did not live in California.

State tax - kat

[ In Reply To ..]
I was in AZ for a year and worked at a hospital there. When I moved back to MO they let me take my job with me and work at home. For the past 2 years I have had to pay state taxes to both AZ and MO. Before that, I was told that you only have to pay state taxes in the state you live. I think I'm getting taken, but HR Block told me that and I also called AZ IRS and asked them.

Taxes - travelinMT

[ In Reply To ..]
I have worked as a traveling HIM consultant/transcriptionist for the past 6 years. In 6 years I have only had two jobs in California (my state of residence). My company is required to take taxes out of my check per the California state tax laws. When I was in AZ for 8-1/2 months they did not take AZ taxes out nor did I have to pay AZ taxes. My tax base no matter what state is have been in is always California as well as the laws for OT have always been based on CA law, not the state I am working in. California considers anything over 8 hours in one day OT, or over 40 hrs in one week. Some states state only over 40 hrs. So some clients it was an issue for me to work a 10 hr shift vs an 8 hr shift.

BUT to digress your tax base is always the state which you claim permanent residence. If there is an issue it is because they are not clear on your actual place of permanent residence.

My husband was in that situation - bookkeeper said did not have to

[ In Reply To ..]
My husband ran into this working FT in MI while living in IN. Even though these states had a reciprocal agreement, their bookkeeper claimed legally they didn't "have to" and refused to take out any state taxes at all because it was "too much extra work". So my husband had to crunch the numbers, hold back the money and submit it quarterly to the state just like an IC, even though his company paid his feds like they should. It was a horribe PITA and I think his bookkeeper was just being a hateful, lazy B - ANY computer payroll system would have calculated it for her and all she would have needed was to address ONE envelope quarterly - extra work my fanny! The hassle finally ended when we moved 10 miles across the state border and she had no more excuse to single him out.

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