PA and NJ End 40 years of reciprocal tax agreements
DATE: October 26, 2016
SUBJECT: Important Tax Change for Employers
New Jersey has ended a nearly 40-year-old reciprocal tax agreement with Pennsylvania effective Dec. 31, 2016. The agreement allows commuters to pay income tax to the state where they live, rather than the state where they work.
Effective Jan. 1, 2017, Pennsylvania residents working in New Jersey will be subject to New Jersey income tax. Similarly, New Jersey residents working in Pennsylvania will be subject to the Pennsylvania income tax.
|Pennsylvania Employers of New Jersey Residents (Effective Jan. 1, 2017)|
|•||You must withhold Pennsylvania income tax for any employee working in Pennsylvania.|
|•||You can no longer accept the REV-419, Employee’s Non-Withholding Application Certificate from New Jersey residents.|
|•||You are not required to register with New Jersey as an employer. However, your employees may ask you to voluntarily withhold New Jersey income tax so they may not need to make estimated quarterly tax payments to New Jersey starting in 2017.|
|•||For more information on employer registration, visit the New Jersey Division of Revenue and Enterprise Services’ website or call its Business Services Office at 609-292-9292.|
|New Jersey Employers of Pennsylvania Residents (Effective Jan. 1, 2017)|
|•||You must withhold New Jersey income tax for any employee working in New Jersey.|
|•||You can no longer accept New Jersey Form NJ-165, Employee’s Certificate of Nonresidence in New Jersey, from Pennsylvania residents.|
|•||Your employees may ask you to voluntarily withhold Pennsylvania income tax so they may not have to make estimated quarterly tax payments to Pennsylvania starting in 2017.|
|•||New Jersey requires that you provide Form NJ-W4 to your employees.|
|•||To begin withholding Pennsylvania income tax, register for a Pennsylvania employer withholding tax account by completing the PA100 Registration Application.|
|•||If you no longer withhold for Pennsylvania, you must cancel your Pennsylvania employer withholding account effective Dec. 31, 2016. You can cancel electronically using the enterprise maintenance feature on the e-TIDES website or by mailing a completed REV-1706 Business/Account Cancellation Form to the PA Department of Revenue. Remember to file any remaining 2016 remittances or returns to satisfy your filing obligations.|
A flier is available that employers can print and post to inform employees of this important tax change. Additional information for employees is available from the PA Department of Revenue at revenue.pa.gov. The NJ Division of Taxation is at njtaxation.org.