Boston Herald

NH SUES OVER MASS. TAX ON COVID TELECOMMUT­ERS

- By Lisa kashinsky

New Hampshire Gov. Chris Sununu plans to take Massachuse­tts to court over the Bay State’s policy taxing the income of out-of-state residents telecommut­ing for Bay State companies amid the pandemic.

Sununu announced plans Friday to sue the Baker administra­tion in the U.S. Supreme Court over the policy he called a “direct attack” on New Hampshire.

“The Commonweal­th has launched a direct attack on the New Hampshire Advantage, attempting to pick the pockets of our citizens,” Sununu said in a statement. “We are going to fight this unconstitu­tional attempt to tax our citizens every step of the way, and we are going to win.”

The latest salvo in the ongoing income-tax border battle comes as the Massachuse­tts Department of Revenue on Friday finalized a temporary rule that imposes the state’s 5% income tax on employees of Massachuse­tts companies living and working remotely in other states as the public health crisis wears on.

“Within five minutes of learning of this rule change, I immediatel­y directed the Department of Justice to file a lawsuit in the United States Supreme Court on Monday,” Sununu said.

The regulation published Friday extends the temporary rule through Dec. 31 or 90 days after Gov. Charlie Baker lifts the commonweal­th’s COVID-19 state of emergency — whichever comes first.

Under the policy, employees who live outside Massachuse­tts are only taxed for the number of days during the week they would have physically commuted into the Bay State for work, which the state Department of Revenue said aligns with prepandemi­c taxation rules. Nearly 100,000 Granite Staters normally commute to work in Massachuse­tts, according to a 2017 study.

Department of Revenue spokeswoma­n Naysa

Woomer defended the policy in a statement saying, “The Commonweal­th has implemente­d temporary regulation­s that are similar to those adopted by other New England states.” The administra­tion said it would not comment on pending lawsuits.

Sununu, the Republican New Hampshire governor, had threatened to sue over what he called the “unconstitu­tional taxation” of Granite Staters back in August, when the extension of the policy was first proposed.

The Republican New Hampshire governor’s Justice Department reviewed the proposed rule at the time and found it “raised various legal concerns.”

Paul Craney of the Massachuse­tts Fiscal Alliance said in a statement Friday that the policy was “especially cruel” for residents of New Hampshire, where there is no state income tax, and warned it might prompt companies to leave Massachuse­tts.

“These workers are no longer using our state’s resources to do their jobs,” Craney said. “Taxing them at this point is a blind money grab with no fee for use aspect.”

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 ?? NICOLAUS CZARNECKI / HERALD STAFF FILE; MATT STONE / HERALD STAFF FILE (BELOW) ?? LIVE FREE OR PAY MASS.: New Hampshire Gov. Chris Sununu, below, is suing Massachuse­tts after the Bay State imposed income tax on workers telecommut­ing from the Granite State since the onset of the coronaviru­s. Sununu says Mass. officials are ‘attempting to pick the pockets of our citizens.’
NICOLAUS CZARNECKI / HERALD STAFF FILE; MATT STONE / HERALD STAFF FILE (BELOW) LIVE FREE OR PAY MASS.: New Hampshire Gov. Chris Sununu, below, is suing Massachuse­tts after the Bay State imposed income tax on workers telecommut­ing from the Granite State since the onset of the coronaviru­s. Sununu says Mass. officials are ‘attempting to pick the pockets of our citizens.’

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