Work remote in TX but company in MA

[Tony281]

Hello,

I do not physically work in MA and I have never been to MA.  I accepted a position in MA April 5, but I have not relocated from TX to MA and will not relocate until probably September. MA is taking staye taxes from my paycheck and I do not believe any MA state taxes should be taken out since I have never been to MA and do not physically work in MA.

Am I correct?  I have read other posts and it seems MA should not take state taxes since no physical work is being done there and and will not be for several months.

If I am correct, would I need to file a non resident tax refund for taxes taken out so far?

thank you 

grateful for your assistance

[ErnieS0 · Accepted solution]

Talk to your employer about your situation. Massachusetts is taxing teleworkers who are working out-of-state due to the pandemic. The rules do not seem to apply to you since you were hired but never worked in MA:

Pursuant to this rule, all compensation received for services performed by a non-resident who, immediately prior to the Massachusetts COVID-19 state of emergency was an employee engaged in performing such services in Massachusetts, and who is performing services from a location outside Massachusetts due to a Pandemic-Related Circumstance will continue to be treated as Massachusetts source income subject to personal income tax.

If state tax was withheld in error you can file a nonresident MA tax return to claim a refund. You would list all your W-2 income as Non MA source. If you do file this way, you may want to file by mail and attach an explanation. A letter from your employer explaining your situation would be great, but probably hard to get.

830 CMR 62.5A.3: Massachusetts Source Income of Non-Residents Telecommuting due to the COVID-19 Pand...

[Tony281]

Thank you very much.  Your information makes complete sense.  My employer could be more cooperative but they are not.  Looks like I will need to fike for a refund.  Thank you again.