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Old 07-24-2012, 04:11 PM
 
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My wife currently works for a company that is moving to Nevada. She will continue to work here in CA (out of our home), but the company will no longer have any other presence here in CA. Any idea how her state income taxes are going to be handled?
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Old 07-24-2012, 04:37 PM
 
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They will be computed at the California rate since that is her residence.....
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Old 07-24-2012, 06:25 PM
 
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Actually that is only if the now Nevada company continues to report Ca wages. It is possible they won't and you will have to self report.

NV does not have state income taxes and since the wages are now being paid in NV it will be interesting to see what they do. What has their HR dept. said?

I don't care where our employees live, we report taxes based on where they were paid ie Nevada. If my employees live in Calif that is their issue, they have to take care of all their own taxes via their own individual state tax return.
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Old 07-26-2012, 08:18 AM
 
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I'm not confident that the company will do what's right; they've already told her that she will have to clock out for her breaks...which is wrong. Nevada is the same as California when it comes to rest breaks and meal (lunch) breaks; clock out for lunch, but not the 10 min. breaks.

Looks like I'll have to contact my tax guy (that I normally only see once a year) and see how much she will need to set aside for CA taxes. I'm a bit worried about any "employer paid" items that she will now be responsible for?
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Old 07-27-2012, 03:00 PM
 
Location: Paranoid State
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The state income tax obligation occurs where you earn the money. In your case your wife earns the money in CA, so it is subject to state income taxes.

An interesting example is professional sports figures (baseball, basketball, football, etc). So, let's take a professional football player who plays for the Tennessee Titans and lives in Tennessee. The State of Tennessee does not have a state income tax.

However, if the team plays a football game in California, then a portion of that football player's annual income is earned in CA. He will need to file a California State form 540 & will have both income in and a tax obligation for that income in CA.

Similarly, when the professional football player of, say, the 49ers plays a game in Tennessee, a portion of his annual pay is earned in Tennessee and hence he doesn't owe taxes on that amount.
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Old 07-27-2012, 06:34 PM
 
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Does she clock out now for breaks? Breaks are only mandated when working a specific number of hours at a time. Is your wife full time?
I would certainly consult your tax guy and when you get an answer I for one would be really interested to see what he says.
I would imagine that the company is moving to NV partly to get out from under the Calif tax liabilities and I would imagine that you will have to take on the tax liability independently.
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Old 07-29-2012, 01:05 AM
 
Location: Las Vegas, Nevada
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Quote:
Originally Posted by 4x4vanman View Post
I'm not confident that the company will do what's right; they've already told her that she will have to clock out for her breaks...which is wrong. Nevada is the same as California when it comes to rest breaks and meal (lunch) breaks; clock out for lunch, but not the 10 min. breaks.

Looks like I'll have to contact my tax guy (that I normally only see once a year) and see how much she will need to set aside for CA taxes. I'm a bit worried about any "employer paid" items that she will now be responsible for?
Clocking out is up to the employer. I don't think you'll find any state regulations about it. But how do they know what she's doing if she's working from home? She must be on a computer where they track her work. Here's another question: Do they pay the home office expenses or does she pay her own?

Another big question is which state do they pay the payroll taxes to? I'm trying to research that because if she gets laid off, the question will be which state pays her unemployment benefits. I think, but am not sure, they are paid in Nevada. We have this situation in all of the border towns in Nevada, but usually it involves people working in Nevada and living in another state, or vice versa.

As far as income tax, I'd be surprised if Kalifornia wouldn't make you pay it there, but you'd better check with your tax consultant. If you really want to save money, move to Nevada.
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Old 07-31-2012, 12:06 PM
 
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Quote:
Originally Posted by Buzz123 View Post
Clocking out is up to the employer. I don't think you'll find any state regulations about it.
Per Nevada Revised Statutes 608.019 and Nev. Admin. Code 608.16:

"Employers must provide employees a break of a minimum of 10 minutes for each 4 hours worked or major fraction thereof. The break must be paid."
and "Rest periods shall be counted as time worked, for which there shall be no deduction from wages"

So Nevada law is the same a s California law in regards to breaks. Yes, she is fulltime, and will be using the computer, although it won't be monitored/tracked.
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Old 07-31-2012, 04:54 PM
 
Location: Las Vegas, Nevada
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Quote:
Originally Posted by 4x4vanman View Post
Per Nevada Revised Statutes 608.019 and Nev. Admin. Code 608.16:

"Employers must provide employees a break of a minimum of 10 minutes for each 4 hours worked or major fraction thereof. The break must be paid."
and "Rest periods shall be counted as time worked, for which there shall be no deduction from wages"

So Nevada law is the same a s California law in regards to breaks. Yes, she is full time, and will be using the computer, although it won't be monitored/tracked.
But "time clocks" are not part of the law. Also, I haven't looked at the NRS statutes concerning this in a while, but I think those laws only apply to employers with a certain number of employees. I may be wrong. So if she works at home, on her own, wouldn't the breaks be an honor system?

My wife works at home because her employer encourages people to do that so they save on office space. They don't pay any expenses for the home office and it's not deductible either. But it gives you more freedom. For one, you can go for days without bathing or changing out of your jammies.

They also have to give you a lunch hour when you work a certain number of hours per day (I think 8), but they don't have to pay you for it. I'd think your wife would be able to do whatever she wants as far as breaks and lunch. I know a lot of states make the employer give you time for lunch as part of your 8 hour day. Here you actually put in 9 hours a day because, except in casinos where they actually feed you, lunch is your own time. Back east they had to give us 30 minutes for lunch if we ate on the premises, and 1 hour if we left the premises. I've always had this theory, based on not only my own experiences back east, but also on Hollywood versions of a typical work day, and the late dinners easterners seem to favor, that they have more energy for going out after work than we do because they work five hours less per week, and get up later. They also tend to live closer to their jobs.

Some state's rules for OT depend on number of hours worked in a day, while others are number of hours worked in a week.

I once worked in a glass factory in West Virginia that had four, six hour, shifts, and a six day week. It was so hot that some jobs were 40 minutes on and 20 minutes off every hour, while some were 20 minutes on and 40 minutes off every hour. We worked rotating shifts of noon to six, six to midnight, midnight to six, and six to noon, with (usually) two days off in between. I liked that job, but I still have burn scars on my knuckles even though we wore heavy asbestos gloves, and used tongs, to handle the red hot glass.
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Old 07-31-2012, 05:11 PM
 
Location: Las Vegas, Nevada
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BTW: As a State of Nevada employee, we were given two 20 minute breaks per day, plus a lunch hour. We didn't punch a clock, but supervisors paid close attention to how long you took. At least until I got a promotion.

At one time, as Production Manager at Ch-3, I used to put in ten hour days with about 20 minutes for a quick bite. When I pointed that out to the then manager, who obviously thought I should work 11 or 12 hours a day, he called me a clock watcher. This was after the psycho Operations Manager, who had been a friend, but became an enemy the day he found out they had offered me his job first, started bending the manager's ear about how I wasn't coming in early enough. During this conversation, he sat there grinning. But not wanting to lower myself to his standards, I am sorry now that I failed to point out to the manager that the trouble maker took three hours for his lunch nap at home every day, and never heard the five o'clock bell ring before he was out the door in the evening. He also did almost no work, and was incompetent anyway. I would get in at 9:AM and was never able to leave before 7:PM, and made tons of money for the place.

There ...I feel better now.
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