§112.2. Mobile workforce employer exemption from withholding and reporting requirement

            A. Beginning January 1, 2022, except as otherwise provided in this Section, an employer is not required to withhold taxes under R.S. 47:112 on wages that are paid to an employee described in R.S. 47:248. If, during the calendar year, the number of days an employee spends performing employment duties for the employer and any entity related to the employer in this state exceeds the twenty-five-day threshold described in R.S. 47:248(B)(1)(a), an employer shall withhold and remit tax to this state for every day in that calendar year, including the first twenty-five days during which the employee performed employment duties in this state.

            B. The Department of Revenue shall not require the payment of any penalties or interest otherwise applicable for failing to deduct and withhold income taxes as required under this Subpart if, when determining whether withholding was required, the employer met either of the following conditions:

            (1) The employer at its sole discretion maintained a time and attendance system specifically designed to allocate employee wages for income tax purposes among all taxing jurisdictions in which the employee performs employment duties for the employer, and the employer relied on data from that system.

            (2) The employer did not maintain a time and attendance system, and the employer relied on either:

            (a) Its own records, maintained in the regular course of business, of the employee's location.

            (b) The employee's reasonable determination of the time the employee expected to spend performing employment duties in this state provided the employer did not have actual knowledge of fraud on the part of the employee in making the determination and provided that the employer and the employee did not collude to evade taxation in making the determination.

            C. For purposes of this Section, an employee shall be considered present and performing employment duties within this state for a day if the employee performs more of the employee's employment duties in this state than in any other state during that day. Any portion of the day during which the employee is in transit shall not be considered in determining the location of an employee's performance of employment duties.

            Acts 2021, No. 383, §1, eff. June 16, 2021.