State income taxes in N.D.?

The company shouldn't hold out state taxes for a normal trucker. But if they are not engaged in interstate commerce and only intrastate, then yes they can hold out state taxes. That means you work strictly within the boundries of ND.

That case, come tax time, you would file a ND non-resident state tax return. You can do it online. From their state website you'll find a link.

If your residence has moved there and you expect to be there over 1 year, then yes you are suppose to change it. But you won't get in any trouble. If you plan on temporary employment and returning home, then just keep your original license and save the hassle.

The law up there knows drivers have flocked in from all over the country and employment is temporary. They won't say a thing.

 

They will hold out the withholding on these employees. They are working in state. They are no different than any other employee as far as an employer in ND. It makes no difference whether they are truckers or not since they do not do business out of state.

These people will have to watch the rules on residency when doing returns. Many states have some strange rules.

 

There's a difference between working in state and out of a state.

It does make a difference on OTR drivers, but not local drivers. I've never paid state taxes for any company I worked for except Hirschbach. And they were in IA and I was IL when I started with them. They withheld IL taxes.

Then they moved to IL and I moved back to TN, they continued to withhold IL taxes because the HR lady was too lazy to change my payroll address.

But, I've worked for OTR companies out of AL, IA, and PA and never had state income tax withheld because my residence was in TN and I wasn't working in them states, just out of them.

 

Well aware of it. Just removing all doubt for those in ND.

 

Where can I find an 'official' document stating that the company shouldn't hold out state taxes for a normal interstate commerce trucker?
My S/O is an OTR driver living in TX and recently took a job with a company out of Colorado as a company driver. They want to withhold state taxes from his pay and he is having a hard time explaining to them that even though the company is in CO he is not a resident of CO (his CDL is from TX, his home is in TX, vehicles registered in TX, etc). We've never had a problem with other companies that he's worked for over the years that were based in Ohio, KS and other states that have state income taxes.
He needs to show them an official hardcopy document stating so. Can you help???

 

Check out and print...

49 USC § 14503(a)(1)

http://us-code.vlex.com/vid/withholding-local-income-tax-carriers-19260143

and throw in this definition of your job description

http://us-code.vlex.com/vid/sec-definitions-19259645

Then give it to them and

If CO state taxes were paid last year, I would fill out a Non-Resident form and under wages put a big 0 and maybe attach a letter stating you are an interstate trucker not subject to CO withholding as your residence is in TX referencing 49 USC § 14503(a)(1). Then include the W-2 with hopefully a TX address on it. You might also send other supporting documents like a lease/mortgage or a copy of a utility bill or voters registration card.

 

Thank you for the info!
I am printing that USC as I type this!

 

depends on if there is reciprocity with the other state or not.

If they are, you will have to file both a ND return to get it all back PLUS a homestate return to actually pay what you should have been getting held out for.