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H.R. 1360, The Telecommuter Tax Fairness Act of 2007

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Nicole Belson Goluboff

This bill would abolish a state tax rule (the “convenience of the employer” rule) that penalizes Americans who telecommute to out-of-state employers.

In NY, for example, nonresidents who telecommute to NY employers may have to pay NY taxes both on the income they earn while in NY and on the income they earn while working from home, even though the home state can tax the income earned at home too.

By threatening telecommuters with a double tax, the convenience rule discourages telework, just when we need it most. Telework can reduce fuel consumption and carbon emissions; bring jobs to rural areas; help older Americans work longer; and help service disabled war vets join the workforce. It can also help businesses and government keep running in the event of a flu pandemic, terror attack or other crisis.

To eliminate a needless block to achieving these and other crucial goals, Congress must remove the telework tax.

P. Costello

How can states and corporations claim a positive "Green" agenda and not fully support the provisions of this bill?

John Roberts

This bill seeks to restrain NY state, which would like to the incomes of every American if they have even a fleeting business connection to NY State.

New York's income tax policies fail the most basic test of taxation fairness - that people should only be taxed to the degree that they receive benefits in the form of government services. What benefit does a telecommuter receive from NY state when he is at his computer a thousand miles from NYC? Is not this kind of unfair taxation the very type of tyrany that triggered the formation of the USA?

That is not to say that NY state cannot derive any tax revenue from business activity that is domiciled in the state. There are corporate income taxes and B&O taxes that could be applied to the business that has bricks and mortar in NY but uses out-of-state teleworkers.

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