by Alice Gilman
In general, an employer must withhold income taxes from the pay of an employee for the state in which the employee works. Therefore, employees who work in a state they do not live in are usually subject to withholding for the work state’s income tax in addition to the income tax of their state of residence.
In this guide, learn about:
- Step 1: Identify the Employee’s State of Residence
- Step 2: Verify Whether a Reciprocity Agreement Applies
- Step 3: Decide Whether to Offer Courtesy Withholding to Nonresident Employees
- Step 4: Ascertain Whether the Nonresident Military Spouse Exemption Applies
- Step 5: Determine Whether There is Nexus With a Remote Nonresident Employee’s Work State
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About the author

Alice Gilman
Alice Gilman, an employment tax compliance expert, has created two best-selling payroll compliance publications – Payroll Legal Alert, and The Payroll Compliance Handbook, currently published by Business Management Daily.
She was a contributing editor to Alexander Hamilton Institute’s Benefits Alert, Personnel Legal Alert, and Manager’s Legal Bulletin newsletters; the Complete Compliance Guide to Federal and State Employment Laws; the Complete COBRA Compliance Kit; the Complete FLSA Compliance Kit; and the Complete HIPAA Compliance Kit.
At Aspen Publishers, Ms. Gilman was a contributing editor to the Payroll Manager’s Letter, the American Payroll Association’s Basic Guide to Payroll, How to Slash Payroll Costs, and the Fingertip Guide to Payroll Practice.
Ms. Gilman is a graduate of the State University of New York at Albany and received her law degree from the University of Bridgeport.
She is admitted to the New York State Bar and is a member of the American Payroll Association.
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