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The tax and regulatory issues surrounding worker classification of individuals who work and live in different states has been around for decades. The COVID-19 pandemic and its ensuing stay-at-home orders brought an almost overnight shift to remote work for most of the U.S. economy. While the test has shown that large sections of the economy can function just fine with people working remotely, the overnight transition prevented taxpayers from having time to thoughtfully consider all the impacts of this significant change, including income tax withholding and employer liability issues.
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