New FL resident working from home for MA company

Hey all

 

i recently moved down to FL and work from home for my company which is an MA based company.  Is there anyway to structure my payroll to avail of the FL 0% state tax?  

SusanY1
Expert Alumni

State tax filing

Unfortunately, no.  Massachusetts is one of a handful of states that specifically taxes income earned by telecommuters as Massachusetts sourced income.  

 

The only exception to this is a temporary exemption in some cases for 2020 income where the employee is working from another state due solely to the COVID-19 pandemic. 

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State tax filing

Thanks susan

 

i thought the workout would be to have the company register as a foreign corporation in florida and file a Corp tax return there yearly for an instate employee - me.

TomD8
Level 15

State tax filing

@SusanY1  --  But see Example (5)(a)(1.2) in this reference:  https://www.mass.gov/regulations/830-CMR-625a1-non-resident-income-tax#-3-income-subject-to-massachu...

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

State tax filing

Interesting - in reading that point it only talks about apportioned earning for days in MA but it 100% of my actively is completely remotely in FL in theory there would be $0 / 0% apportioned to MA.  

TomD8
Level 15

State tax filing

According to the reference I cited, MA does not tax non-resident remote workers who never physically work in MA.  I don't know if @SusanY1  has information that supersedes that reference.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.