Stephen A. Josey, Counsel at Kostelanetz LLP, was quoted in a Bloomberg Tax article titled “New Jersey Doubles Down in Fighting New York Remote-Work Tax,” published on August 7th, 2023. The article discusses New York’s “convenience of employer” rule, which sources income to the place of work of non-residents – remote workers in other states, like New Jersey and Connecticut, are treated as New York workers if their offices are within the state of New York.
The article notes:
Stephen Josey, litigator focused on tax controversies at Kostelanetz LLP, said he doubted “New York will revisit the issue” but said it could have implications further down the line as New York’s remote work tax rules face closer scrutiny in the post-pandemic work environment.
“They ruled against Zelinsky a couple of decades ago, and I don’t anticipate that their findings are going to change all too much,” Josey said. “But certainly, if this winds its way up through the courts, it could potentially make its way to the United States Supreme Court” and give an “opportunity for the states to basically come in and really make their case”
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