CPAs and Taxpayers Beware: Employee Telecommuting Is Doing Business In New Jersey For Purposes of Taxation

more+
less-

The New Jersey Tax Court has held that a foreign corporation that consistently permits an employee to telecommute from her New Jersey residence is doing business in New Jersey and is subject to the New Jersey Corporation Business Tax. The opinion, released on March 2, 2012, is a warning to taxpayers and their accountants that this type of contact or nexus with New Jersey, thought by some to be negligible or harmless, may no longer be considered as such.

Telebright Corporation, Inc. v. Director, New Jersey Division of Taxation (Docket No. A-5096-09T2) is relatively straightforward. Telebright Corporation, Inc. (“ Telebright”), incorporated in Delaware, maintained offices in Maryland and none in New Jersey. Telebright’s business consisted of a web application, which permitted employers to track employer-provided cell phones, manage accounts, and pay bills through the use of Telebright’s proprietary product. The employee in question worked in Maryland before moving to New Jersey when her husband changed jobs. Telebright allowed her to telecommute as she was a valued employee. She signed an employment contract with a non-compete provision that restricted her future employment and prohibited her from disclosing Telebright’s proprietary information. The contract permitted Telebright to seek injunctive relief.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© James McDonough, Scarinci Hollenbeck | Attorney Advertising

Written by:

more+
less-

Scarinci Hollenbeck on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×