Non-resident state taxes


B

Bail

I'm a resident of California that is going to be in South
Carolina working on a project for my company for 10 days.
I'm assuming the my company will have to then pay taxes in
South Carolina, but will I have to file a personal income
tax return in the state?

Any help would be much appreciated!

Thanks in advance!
 
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P

Phil Marti

Bail said:
I'm a resident of California that is going to be in South
Carolina working on a project for my company for 10 days.
I'm assuming the my company will have to then pay taxes in
South Carolina, but will I have to file a personal income
tax return in the state?
No
 
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K

Katie

Bail said:
I'm a resident of California that is going to be in South
Carolina working on a project for my company for 10 days.
I'm assuming the my company will have to then pay taxes in
South Carolina, but will I have to file a personal income
tax return in the state?

Any help would be much appreciated!
You will have South Carolina source income from performing
services in the state, and as a result you will be required
to file a SC nonresident individual income tax return. Some
states have a "de minimis" rule for individuals who work in
the state for only a short time, but SC is not one of them.
Basically, if you earn enough income there to generate a SC
tax liaiblity, you will be required to file.

Your employer should withhold SC individual income tax from
your wages earned while you are working there. Even if there
is no withholding, you are still required to file if you earn
enough to generate a tax liability. California will give you
credit for the tax you pay to SC, limited to the California
tax that relates to that income.

As a practical matter, working in the state for only two weeks
may result in no tax liability, or not enough tax liability
to make it worth your while to file the return, or the state's
while to pursue you even if it ever finds out you were there.
So a certain amount of judgment may be exercised with minimal
risk. Legally, however, you are required to file and subject
to penalties for failure to do so if you have any tax liability
arising from your employment in the state.

Katie in San Diego
 
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P

Paul A. Thomas

Katie said:
Bail wrote:
You will have South Carolina source income from performing
services in the state, and as a result you will be required
to file a SC nonresident individual income tax return. Some
states have a "de minimis" rule for individuals who work in
the state for only a short time, but SC is not one of them.
Basically, if you earn enough income there to generate a SC
tax liaiblity, you will be required to file.

Your employer should withhold SC individual income tax from
your wages earned while you are working there. Even if there
is no withholding, you are still required to file if you earn
enough to generate a tax liability. California will give you
credit for the tax you pay to SC, limited to the California
tax that relates to that income.

As a practical matter, working in the state for only two weeks
may result in no tax liability, or not enough tax liability
to make it worth your while to file the return, or the state's
while to pursue you even if it ever finds out you were there.
So a certain amount of judgment may be exercised with minimal
risk. Legally, however, you are required to file and subject
to penalties for failure to do so if you have any tax liability
arising from your employment in the state.
The Carolinas are bitchy people. One of my clients had to
withhold on two days of their employees wages while they
were in the state installing a piece of equipment. It was
less than $6 of withholding. Not hardly worth lunch. But
they enforced the withholding (because they can do that on a
government job).
 
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P

Phil Marti

David Woods said:
Why not? I'm not aware of any South Carolina de minimus for
nonresident activity.
Oh dear. I hope they don't come after me for that overnight
to Columbia 15 years ago.
 
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Harlan Lunsford

David said:
"Phil Marti" <[email protected]> wrote:
Why not? I'm not aware of any South Carolina de minimus for
nonresident activity.
Add to that Georgia with a threshold of 5% of total income for
non resident filing.

ChEAr$,
Harlan Lunsford, EA n LA
Mon 30 Jan 2006
 
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