MA NR help please!

[joanmcq]

Client telecommuted from Florida for a MA firm. Employer w/h MA tax on income, and coded the income as MA on W-2. Already went around with MA on the 2006 return, and per MA law, telecommuters are not subject to MA tax, but employer refused to correct W-2 for 2006 and continued error for part of 2007 (then he switched to an NC office, so rest of year not a problem). I am using the Line 13 NR apportionment worksheet to convert W-2 income listed on W-2 as MA income to zero percent MA income. Is this the correct way to do it? The form says not to use the worksheet for W-2 income, but the instructions say that it can be used if the employer does not issue a w-2 showing only MA income, you can use the worksheet to apportion. Of course, in this case the employer did issue a W-2, its just that the MA income is incorrect and we know they will not correct it.

Also can this form be efiled? And should I attach a statement as to why the W-2 reporting was incorrect?

[taxperson]

Client telecommuted from Florida for a MA firm. Employer w/h MA tax on income, and coded the income as MA on W-2. Already went around with MA on the 2006 return, and per MA law, telecommuters are not subject to MA tax, but employer refused to correct W-2 for 2006 and continued error for part of 2007 (then he switched to an NC office, so rest of year not a problem). I am using the Line 13 NR apportionment worksheet to convert W-2 income listed on W-2 as MA income to zero percent MA income. Is this the correct way to do it? The form says not to use the worksheet for W-2 income, but the instructions say that it can be used if the employer does not issue a w-2 showing only MA income, you can use the worksheet to apportion. Of course, in this case the employer did issue a W-2, its just that the MA income is incorrect and we know they will not correct it.

Also can this form be efiled? And should I attach a statement as to why the W-2 reporting was incorrect?

It can be efiled but there is no way to attach a stament to the to it.

[joanmcq]

Ugh. I got this client because of the way I handled the MA audit for last year, so I know what to do if he is audited again, but still.....it took about 9 months for him to get his refund. Is the way I'm reporting it correct?

And can I efile as an out of state preparer?