@arellim1942 wrote:
What about the case where I was hired because I live closer to some out of state clients? The company is in Rochester NY and has IT clients in the Maryland, and Virginia area. I live in PA, but about 10 miles north of the MD/PA border.
A BIG factor in why I was hired, and I work 100%, is that when I need to go on site it is much closer by a factor of 3 for me to go, than for someone else from NY. Does this meet the remote test?
I think I need that job as I live in VA and have family in Rochester.
You probably satisfy the convenience of the employer test, but I can't give you legal advice. Basically, is the company saying "we prefer you to work on site but its acceptable to work remotely" or is the company saying "we prefer you to work remotely because its better for our business".
You just need to document the situation in case NY tries to send you a tax bill. To start with, you want to make sure the company withholds PA taxes and not NY taxes. The less NY knows about you, the less likely they are to ask questions.
