Multi-State Worker Tax Fairness Act of 2021
Key claim: The bill would stop states from taxing a nonresident worker’s wages except for days that worker is actually physically present in the state.
Abstract
(HR4267 · 117th Congress) Multi-State Worker Tax Fairness Act of 2021 This bill limits the authority of a state to impose its income tax on the compensation of a nonresident individual to the period in which the nonresident individual is physically present in the state. Latest action (2022-11-01): Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
Why this matters
State income tax rules for remote and multi-state workers create double-taxation and compliance burdens, especially under ‘convenience of the employer’ regimes used by states like New York. A federal physical-presence rule would shift who pays: reducing tax owed by nonresident remote workers (and their resident states’ credit exposure) while cutting revenue for states that currently tax wages of nonresidents working from home. The 2021 bill signals continued congressional interest in preempting state nexus rules but has no operative effect.