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Ohio legislators introduce bill aimed at changing remote employee withholding during pandemic - Crain's Cleveland Business

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Two central Ohio House Republicans introduced a bill that if passed would change how employers withhold municipal income tax for remote workers, canceling a current COVID-19-related exemption to location-based withholding.

Jay Edwards (R-Nelsonville) and Kris Jordan (R-Ostrander) are the co-sponsors of Ohio House Bill 157, which was introduced Thursday, Feb. 25, and intends to repeal a section of a previous bill signed by Gov. Mike DeWine in March that directs employers on how to withhold employee taxes.

House Bill 197 was passed by both houses last year after a statewide order from the health department shut down nonessential businesses and medical experts urged employers to accommodate remote work to stem the spread of the novel coronavirus.

Among other COVID-19 provisions, HB 197 suspends a state law that requires municipal income tax be paid where the employee's principal place of work is located until 30 days after the emergency health orders are lifted.

Prior to the passage of HB 197, Ohio employers were subject to a "20-day rule" that allowed employees who occasionally worked from home to continue to pay taxes at their main place of employment if they had been at that location within the last 20 days.

A bill similar to HB 157 was introduced last year during the last session of the Ohio General Assembly, which ended Dec. 31. State legislative periods last for two years, and all bills not passed at the end of the session must be reintroduced.

Opponents to the modification of employee withholding during the pandemic argue changing the law would throw city budgets and business accounting systems into disarray. Proponents of the move argue remote employees should pay taxes to the cities where they are using services.

The Buckeye Institute, a conservative think tank, has filed lawsuits in Columbus and Cincinnati on behalf of suburban residents working remotely who argue the 20-day rule should be reinstated and their employee withholding be based on their home location.

HB 157 has not yet been assigned a committee.

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