ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

49 U.S.C. § 14503Withholding State and local income tax by certain carriers

submitted 31 years ago by Pub. L. 104-88 to r/title-49-TRANSPORTATION · 331 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says a trucking employee who works in multiple states only owes state income tax to the state where they live, not every state they drive through. Special rules define how to count where an employee "earned" pay, and water carriers and sailors get their own version of the rule.

(a) Single State Tax Withholding — (1) In general: None of the pay a motor carrier, or motor private carrier, gives to an employee who regularly works in two or more states operating a motor vehicle can be taxed by any state or subdivision's income tax laws, except the state or subdivision where the employee lives. (2) Employee defined: "Employee" here has the same meaning as in section 31132. (b) Special Rules — (1) Calculation of earnings: An employee is treated as earning more than 50% of their pay in a state or subdivision if they spent more than 50% of their total working time there. (2) Water carriers: A water carrier providing federally regulated transportation must file income tax information returns and reports only with (A) the state and subdivision where the employee lives, and (B) the state and subdivision where the employee earned more than 50% of their pay from the carrier during the prior calendar year. (3) Applicability to sailors: This subsection covers pay for a master, officer, or sailor who's a crew member on a vessel in foreign, coastwise, intercoastal, or noncontiguous trade, or in the fisheries of the United States. (c) Filing of Information — A motor carrier or motor private carrier that withholds pay under (a) must file income tax information returns and other reports only with the state and subdivision where the employee lives.
the actual law source: uscode.house.gov ↗public domain
(a)Single State Tax Withholding.—
(1)In general.—

No part of the compensation paid by a motor carrier providing transportation subject to jurisdiction under subchapter I of chapter 135 or by a motor private carrier to an employee who performs regularly assigned duties in 2 or more States as such an employee with respect to a motor vehicle shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee’s residence.

(2)Employee defined.—

In this subsection, the term “employee” has the meaning given such term in section 31132.

(b)Special Rules.—
(1)Calculation of earnings.—

In this subsection, an employee is deemed to have earned more than 50 percent of pay in a State or subdivision of that State in which the time worked by the employee in the State or subdivision is more than 50 percent of the total time worked by the employee while employed during the calendar year.

(2)Water carriers.—

A water carrier providing transportation subject to jurisdiction under subchapter II of chapter 135 shall file income tax information returns and other reports only with—

(A)

the State and subdivision of residence of the employee (as shown on the employment records of the carrier); and

(B)

the State and subdivision in which the employee earned more than 50 percent of the pay received by the employee from the carrier during the preceding calendar year.

(3)Applicability to sailors.—

This subsection applies to pay of a master, officer, or sailor who is a member of the crew on a vessel engaged in foreign, coastwise, intercoastal, or noncontiguous trade or in the fisheries of the United States.

(c)Filing of Information.—

A motor and motor private carrier withholding pay from an employee under subsection (a) of this section shall file income tax information returns and other reports only with the State and subdivision of residence of the employee.

Source credit: (Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 901.)

history & why it existsrecord from the source credit
  • 1995Enacted · Pub. L. 104-88 · 109 Stat. 901

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-88 on 1995-12-29.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case