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Clarity: Kansas State Withholding Tax and Remote Work

February 9, 2021

Kansas Governor Laura Kelly recently signed Executive Order No. 21-01 that retroactively clarified that state income tax withholding for remote workers can be calculated based on their normal work locations during the pandemic-affected part of 2020.

Employers will have the option to withhold income taxes based on the state of the employee’s primary work location and not based in the state where the employee was teleworking from the period of March 13, 2020 through December 31, 2020. Any provisions in conflict with K.S.A. 79-3296 are suspended.

Going forward, on and after January 1, 2021, employers will need to withhold correctly, complying with K.S.A. 79-3296.

You can read the full executive order here.

As for Missouri, a FAQ was issued in 2020 making clear employees working remotely in Missouri were taxed in Missouri.

As always, MarksNelson is here to help you navigate the changes spurred by the pandemic. If you have any questions regarding employer taxation or if there is anything else we can assist with, please reach out to your MarksNelson contact.

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