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DadPool
Returning Member

CO/NM state taxes

We are residents of CO but my spouse has a very part time position providing telehealth services in NM.  She has a NM w2 for a very small amount.  do we file in both states?

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3 Replies
BillM223
Employee Tax Expert

CO/NM state taxes

The general rule is that you file a tax return in the state where you live (CO in your case), and in any states where you work. 

 

If your spouse traveled to NM to physically provide health services, then she would file an NM return. But if she really did telehealth services for NM while physically remaining in Colorado, she would not.

 

Make sense?

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DadPool
Returning Member

CO/NM state taxes

Awesome, thank you.  It is telehealth mental health consultation and borderline pro-bono.  It represents less than 5% of her income for 2020.  thank you again!

BillM223
Employee Tax Expert

CO/NM state taxes

As you can imagine, it is not the percentage or the amount of the income that mattered, it's just where your spouse physically worked...

 

You need to keep an ear out for this, because two states (CA and NY) already tax telecommuters, and others may do it in the future.

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