Metropolitan commuter transportation mobility tax (MCTMT): Covered employee
When determining if an employer must file the metropolitan commuter transportation mobility tax (MCTMT) quarterly return, the Metropolitan Commuter Transportation District (MCTD) includes both Zone 1 and Zone 2 counties.
When determining the payroll expense attributable to Zone 1 and Zone 2, replace references to the MCTD with Zone 1 and Zone 2, respectively.
Covered employee
A covered employee means an employee (including a statutory employee) whose services are allocated to the MCTD.
Apply the following tests in the order presented below to determine if the employee's services are allocated to the MCTD. If any test results in the allocation of the employee's services to the MCTD, the employee is a covered employee. You do not need to apply another test. Otherwise, proceed to the next test.
1. Localization
An employee's services are allocated to the MCTD if the employee performs them either:
- entirely within the MCTD; or
- both inside and outside of the MCTD, but the services performed outside the MCTD are incidental to the employee's services performed in the MCTD (for example, the services are temporary or transitory in nature, or consist of isolated transactions).
2. Base of operations
An employee's services are allocated to the MCTD if the employee's base of operations is in the MCTD. (This test cannot be applied if the employee has either more than one base or no base of operations.)
Base of operations means the place where the employee customarily starts out to perform their functions in or out of the MCTD. It is not the place where the employee is continuously located. It's where the employee customarily returns to:
- receive instructions from their employer
- receive communications from other persons
- replenish stock and materials
- repair equipment used
- perform any other function necessary in the exercise of their trade or profession.
3. Place of direction and control
Allocate all services to the MCTD if an employee's direction and control emanates from only the MCTD and the employee performs some services within the MCTD.
Direction and control means the place from which the employer directs and controls the activities of the employee. It is not necessarily the location of the principal office, but rather the point from which basic authority over the supervision of services emanates (for example, the place from which job assignments are made, or instructions issued, or both, or the place at which personnel and payroll records are maintained).
4. Residence
If none of the above tests result in a clear allocation of services, all of the employee's services are allocated to the MCTD if the employee resides there and performs some services in the MCTD.