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Level 2
March 24, 2021
Solved

Remote worker locality taxes

  • March 24, 2021
  • 5 replies
  • 60 views

I currently work remotely in Ohio for a company that is also located in Ohio. I have 2 W2 forms, one with my locality of residence and the other is for the locality of the home office. Both have withholdings in them. Why do I have to pay locality taxes for the location of the company address if I don't live there?

    Best answer by Hal_Al

    It sounds like you are saying that your employer only started withholding for the work city in 2020.   You can read HB 197 for yourself.  But, that sounds like your employer has determined that it does apply in your case. 

     

    For most people it doesn't matter because your resident city gives you a credit for what the work city withheld.

     You normally only have to file a return in the city you live in. It is not necessary to file one in the city you work in, if different. Your employer will remit withholding to the city you work in, but you do not file a return unless you're claiming a refund or your employer didn't withhold enough ( both highly unusual). The city you live in will allow a credit or partial credit for the withheld tax you paid to the work location city. You may end up owing your resident city nothing, but you are still required to file a return. If you live and work in the same city and your employer did withhold the exact correct amount, you usually still have to file a return. Some cities, like Cincinnati, Dayton & Toledo, do not require you to file if the exact amount is withheld. Incidentally, employers are only required to withhold for the work city, although many will voluntarily withhold for the resident city as well. Employees of most big companies, in Ohio, seldom owe any city tax, at tax time (but they still have to file a city return), because the employer holds out exactly the right amount for both work and resident city, taking into account the credit.

     

     

    5 replies

    Hal_Al
    Level 15
    Level 15
    March 24, 2021

    Ohio, passed HB 197 which basically says working from home due to the COVID-19 pandemic shall be deemed to be a day performing personal services at the employee’s principal place of work. So you still need to pay city income  tax to the city where the employer is located. 

    mumble5Author
    Level 2
    March 24, 2021

    I have been working remotely for 6 years so COVID really didn't change anything for me. I do not have a desk at the company office location. I am and have been 100% remote. Does that change my liability for the locality tax for where the company is located? Thanks for you help!

    Hal_Al
    Level 15
    Hal_AlLevel 15Answer
    Level 15
    March 24, 2021

    It sounds like you are saying that your employer only started withholding for the work city in 2020.   You can read HB 197 for yourself.  But, that sounds like your employer has determined that it does apply in your case. 

     

    For most people it doesn't matter because your resident city gives you a credit for what the work city withheld.

     You normally only have to file a return in the city you live in. It is not necessary to file one in the city you work in, if different. Your employer will remit withholding to the city you work in, but you do not file a return unless you're claiming a refund or your employer didn't withhold enough ( both highly unusual). The city you live in will allow a credit or partial credit for the withheld tax you paid to the work location city. You may end up owing your resident city nothing, but you are still required to file a return. If you live and work in the same city and your employer did withhold the exact correct amount, you usually still have to file a return. Some cities, like Cincinnati, Dayton & Toledo, do not require you to file if the exact amount is withheld. Incidentally, employers are only required to withhold for the work city, although many will voluntarily withhold for the resident city as well. Employees of most big companies, in Ohio, seldom owe any city tax, at tax time (but they still have to file a city return), because the employer holds out exactly the right amount for both work and resident city, taking into account the credit.