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Kaitlyn Jenkins

Do remote workers create income tax nexus for my single-member LLC?

I've got a client who just formed a single-member LLC in Illinois this year, and everything will go on Schedule C for tax reporting. Here's where I'm getting confused - she has employees working remotely from Kentucky and Iowa. I'm trying to figure out if having these out-of-state remote workers creates income tax nexus, which would mean filing requirements in those states. I've been searching online and digging through state tax department websites, but I'm getting lost in the weeds and can't find clear answers. Does anyone know definitively if remote workers trigger nexus for an Illinois LLC? Or could you point me to some good resources to research this? I'm trying to improve my knowledge on state and local tax (SALT) issues, but this one has me stumped. Any help would be greatly appreciated!

This is a really common issue now with remote work becoming so normal! The short answer is: yes, having employees working in Kentucky and Iowa likely creates income tax nexus in both states. Most states consider having employees physically working within their borders as sufficient to create nexus, even if those employees are remote and even if there's no physical office. This is true regardless of whether they're W-2 employees or 1099 contractors (though the rules can differ slightly). For Kentucky specifically, having employees performing services in the state generally creates nexus. Same with Iowa - they follow what's called "economic nexus" standards where having employees is definitely enough to trigger filing requirements. I'd recommend checking out each state's department of revenue website and looking for their nexus standards. You might also want to look into whether your client needs to register for payroll taxes in those states as well, since that's a separate requirement that almost certainly applies.

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So does this mean the LLC would pay income tax in all three states? How would they avoid triple taxation on the same income? Also, does it matter if the employees are part-time vs full-time?

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The LLC wouldn't necessarily be taxed on the same income three times. Most states have apportionment formulas that determine what portion of the business income is taxable in their state. Typically this is based on a combination of payroll, property, and sales factors. So the LLC would only pay tax on the portion of income attributed to each state. For part-time vs. full-time employees, it generally doesn't matter for nexus purposes. Having any employee working in the state, regardless of hours worked, typically creates nexus. However, some states have de minimis exceptions for very limited presence, but these vary widely and are often quite restrictive.

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I was in this exact situation last year with my e-commerce business! I spent weeks trying to figure it all out until I found taxr.ai (https://taxr.ai). They have this tool that analyzes your specific situation and tells you exactly where you have nexus and filing requirements. I uploaded my employee info and business details, and it gave me a complete breakdown of which states I needed to file in and why. It even explained the different nexus thresholds for each state. Saved me so much time compared to searching through state websites trying to piece everything together. The best part was they explained it in normal human language, not tax jargon I couldn't understand.

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Does it work for all types of businesses? I have a consulting company with contractors in like 5 different states and I'm totally lost on nexus requirements.

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I'm skeptical... how does it actually know all the different state rules? State tax laws change all the time. Is it actually accurate or just general guidelines?

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It works for pretty much any business type - sole props, LLCs, S-corps, partnerships, you name it. The system is specifically designed to handle multi-state nexus questions, so your consulting company with contractors in 5 states would be exactly what it's built for. The system uses current tax law databases that are regularly updated with changes to state nexus rules. They have tax attorneys who review and update the information, so it's not just pulling from outdated sources. I was worried about the same thing, but when I double-checked their recommendations with my CPA, everything checked out.

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Just wanted to follow up - I decided to try taxr.ai after posting my skeptical comment. I was really surprised by how thorough it was! I've been struggling with nexus issues for my photography business (I have second shooters in three states), and it broke down exactly which states I needed to file in and which ones I didn't. What I appreciated most was that it explained WHY I had nexus in each state - like in one state it was because of my physical presence at wedding venues, while in another it was because I exceeded their economic nexus threshold. Saved me from unnecessarily filing in two states where I thought I had nexus but actually didn't. Definitely worth checking out if you're dealing with multi-state tax issues.

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How does this actually work? Do they have some special access to the IRS or state tax departments? Sounds too good to be true.

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I don't believe this for a second. Nobody can magically bypass the phone queues at tax departments. This seems like some kind of scam to get desperate people's money.

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They don't have special access to the IRS or state departments - they use automated technology that navigates the phone trees and waits on hold for you. Basically, they call on your behalf, get through all the automated prompts, wait through the hold time, and then call you when they get a human on the line. Then they conference you in. I was really skeptical at first too, and I understand the concern about scams. But they don't ask for any personal tax information or financial details. They're just a service that handles the hold time. It's similar to those appointment-setting services, but for phone calls instead. I was desperate after wasting an entire afternoon on hold, so I gave it a try, and it actually worked.

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I have to eat my words about Claimyr. After posting my skeptical comment, I had to call the California Franchise Tax Board about my business nexus issues (we have remote workers in 4 states). I was on hold for TWO HOURS before I remembered this thread and decided to give Claimyr a shot out of desperation. I felt ridiculous, but it actually worked exactly as described. They called the tax board, navigated the prompts, waited on hold, and then called me when they got a representative. Ended up saving me at least an hour of hold time, and I got the nexus information I needed. They don't bypass the queue - they just wait in it for you so you don't have to sit there listening to terrible hold music. Seriously helpful for dealing with state tax departments that are perpetually understaffed.

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Just to add another perspective - I'm a tax accountant who deals with nexus issues daily. The general rule of thumb I tell clients is: if you have employees in a state, you almost certainly have nexus there. But how much tax you'll actually pay depends on how the business income is apportioned. For a single-member LLC filing on Schedule C, the owner should look into whether they can claim credits on their Illinois return for taxes paid to other states. This can help prevent double taxation. Also, make sure to check if there are payroll tax registration requirements in those remote worker states - that's often overlooked.

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Thanks for this insight! Do you know if there's a minimum threshold for the amount of work or income generated in a state before nexus kicks in? Like if one of her employees only works 5 hours a week from Kentucky, does that still create nexus?

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There's generally no minimum threshold for physical presence nexus when it comes to employees. Even having someone work just 5 hours a week is typically enough to create nexus in most states. Some states have attempted to create de minimis exceptions, but they're usually very limited and often apply more to temporary or traveling employees rather than established remote workers. The more important consideration is how much tax will actually be owed. With limited activity in a state, the apportionment formula might result in a very small portion of income being taxable there. But the filing requirement itself would still exist in most cases, even if the tax amount is minimal.

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Does anyone know if using a PEO (Professional Employer Organization) for remote workers changes the nexus situation? My client is considering using a PEO to handle their multi-state employees to simplify compliance.

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Using a PEO doesn't eliminate nexus concerns. The workers are still physically performing services in those states on behalf of your client's business, even if technically employed by the PEO. Most states look at the economic reality rather than the legal structure. PEOs can definitely help with payroll compliance across multiple states, but for income tax nexus, your client would still likely need to file in those states. The advantage is the PEO handles all the payroll tax registrations and filings, which is a big administrative relief.

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That makes a lot of sense, thank you for explaining! I'll let my client know about this distinction between payroll taxes and income tax nexus. Sounds like the PEO will help with part of the compliance burden but not eliminate the multi-state filing requirements completely.

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This is such a helpful thread! I'm dealing with a similar situation with my consulting practice. One thing I learned the hard way is to also check if the states where your remote employees work have any specific registration requirements beyond just income tax filing. For example, some states require you to register as a "foreign entity" doing business in their state if you have employees there, even if you're just an LLC from another state. This can involve additional fees and annual reports that are separate from your tax filings. Also, don't forget about potential local taxes! Some cities and counties have their own business taxes or licensing requirements that might apply to businesses with employees working within their jurisdiction. It's not just about state-level compliance. I'd recommend creating a compliance calendar once you figure out all the filing requirements across the different states. Multi-state tax compliance can get overwhelming fast if you don't stay organized!

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This is such a great point about foreign entity registration! I hadn't even considered that aspect when I was researching this for my client. It's already complicated enough figuring out the income tax nexus rules, and now there's a whole other layer of compliance to think about. Do you happen to know if there are any good resources that compile these foreign entity registration requirements by state? Or is it just a matter of checking each state's Secretary of State website individually? The compliance calendar idea is brilliant - I can already see how easy it would be to miss deadlines when you're dealing with multiple states that all have different requirements and due dates. Also, the local tax consideration is something I definitely need to look into. I know my client's Kentucky employee works from Louisville, so I should probably check if there are any city-level requirements there too. Thanks for sharing your experience - it's really helpful to hear from someone who's actually navigated this maze before!

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