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South Dakota law change (2023): legal full-time-traveler resident of SD cannot pay into unemployment from fully remote job in GA
I am a legal resident of South Dakota since Oct 2022. South Dakota caters to full-time travelers and allows them to declare SD as their domicile with a few requirements, all of which I meet. Part of the relevant situation is that thousands of full-time-travelers legally domiciled in SD use Personal Mailbox addresses as their primary address. I have such type of address and I travel around America in my RV 100% of the year. My problem started in 2023 when SD updated their laws (see: 61-1-3. Employing unit defined ; 61-1-26. Service within and without state included--Base of operations or residence as basis for cov... ; 61-1-27. Service considered within state--Services in more than one state. ) to not allow out-of-state employers to pay into SD unemployment for their SD employees.
This has caused quite a pickle for me to navigate. My employer informed me that it is not possible to differentiate between unemployment tax and state income tax; therefore, my employer wants me to fill out a G-4 tax for Georgia Withholdings and to pay back taxes to the state of GA for the entirety of 2023 (~$10,000).
My main questions are:
1) Do I have to fill out this G-4 tax form, and if so, what address do I put as my "Home Address" in the form box 2a since I am not a resident of Georgia?
2) If I fill out the G-4 tax form, does that make me a Georgia resident? and how does that affect the legality of my RV registration and driver's license in SD?
any help would greatly be appreciated!