W2 from VA but my employer's offc is located in MO and I work mostly in MO--now the boss moved to AR!!

[siebertclan]

My boss's office is in MO, but my W2 has VA on it.  This has me confused. Now my boss has left MO and opened a new offc in AR! Not sure if the state of MO started catching on that all taxes for his employees were being pd to VA when we weren't even working there and his offc was not there any longer. In addition to all of this, I used my own car to tote around his employees and he rarely gave me extra money to do this.  Stupid of me I know. My W2's "Statutory" box is not checked so I can't put any expenses on a Sched C anyways, correct?  My main confusion on this is that we'd all been told we were 100% commission and they gave us W2's but I found this during my research and this has me very concerned.  "W2 employees can be paid on a commission basis, but unless the employee is EXEMPT, their commission must equal at least the minimum wage for every hour they work, and 1.5 times the minimum wage if they work OT"   This has never happened with us employees.  I looked on my W2 and I can't see if they considered us "EXEMPT" (not sure what this means).  I thought of filing an SS-8 with the IRS so they'd give me clarification on whether this employer should've been giving us W9's or 1099's instead of a W2 but I've seen that can take 6 mos or longer! I honestly  do feel this guy goes from state to state and gets a bunch of people to make him buku bucks and once it gets figured out that he's not paying taxes to the state his workers are working in, he moves on to a new state.  And because he has us as W2 workers we can't deduct all the mileage we put on our cars for HIS business.  Any advice for how I should deal with this?

[TomD8]

"My W2's "Statutory" box is not checked so I can't put any expenses on a Sched C anyways, correct?" 

Yes, that is correct.

Your state income tax obligations are based on where you live and where you (physically) work.  The location of your employer is irrelevant.

If you neither lived in nor physically worked in Virginia during the tax year, then you have no tax obligation to the State of Virginia.  If your employer incorrectly withheld VA taxes from your pay, then you'll have to file a non-resident VA tax return on which you declare zero VA income in order to have those taxes refunded.