[tomsdiner]

My wife works for a Georgia company and lives in Florida and based in Florida, lives in Florida and this is her territory. She only goes to Georgia for meetings at headquarters and once every 2 or 3 months will call on dealers there for a week. But the company withholds Georgia state income tax from her, even though she lives here and works 99% of her time here in Florida. I don't think they should be holding Georgia income tax on her! Please help with this situation, she has been employed for 6 months and has has taxes for Georgia taken out, even before she was given permission to go to Georgia and visit dealers, there. She was only Florida before that. Like I said the visits she makes to Georgia are short and spread apart, and being she is home based, will on Georgia ground she is still dealing with Florida customers. This seems complicated, please help, as we want to talke to employer intelligently about the situation. Thanks to everyone who helps.
Craig

[tomsdiner]

I meant while on Georgia Ground...

[morgaine300]

The company is located in Georgia. I don't know about the difference in amount of time she works in the two states, but different states have different tax rules.

Here's the FAQs from the state of Georgia. Note the 5th question down.
https://etax.dor.ga.gov/inctax/webfa...lerequirements
She may want to call them and tell them the specifics of this situation. Sometimes it's just best to go straight to the source.

[MLSNC]

Found this on the GA website. Don't know if it helps -

17. Are vacation, holiday, and sick pay for a nonresident who works in Georgia taxable for Georgia purposes?

1. If a nonresident works in Georgia, he/she is taxed on all income that is received from an employer, including vacation, holiday, and sick pay, based on regulation 560-7-8-.01(b)(1), unless he/she falls under the 5% exception of Georgia code section 48-7-1(11)(A). Georgia regulation 560-7-8-.01(b)(1) is clear that for a nonresident the actual number of days worked in Georgia divided by the total days worked everywhere is the ratio that should be applied to determine Georgia source income. If the nonresident only works in Georgia, the ratio would be 100 percent and all income that is included in the W-2 that is received for past or future services rendered in Georgia, including vacation, holiday, and sick pay, would be taxable for Georgia purposes.

Looks like you would need to prorate the earnings on the W-2 between days in GA and days in FLA.

[AtlantaTaxExpert]

She needs to pay taxes for the days she is calling on the dealers, because that is the work that is generating income.

The "meeting" days should NOT be factored into the calculation.