Filing Taxes in Two Different States – What You Need to Know

Commute to a different state? File a non-resident return for that state and a resident return for the state you live in.

Filing taxes in two states can be difficult, but this information should help you figure out what return you need to file where

For most people, filing a state tax return is just a brief addendum to filing your federal return. Your tax-filing software just transfers your information to your state’s return and you’re done in about five minutes.

But what if you moved during the tax year? What if you worked in a state other than the one where you lived? What if you worked in multiple states? Suddenly state taxes become a lot more complicated.

Basically there are three different types of state tax returns that you need to worry about:

  • Resident
  • Part-Year Resident
  • Nonresident

As a general rule, you have to file a resident tax return in the state where you lived, a part-year resident return in any state you moved to/from, and a nonresident return in a state where you earned money but didn’t live.

Resident Return

A resident return is the return you have to file in the state where you are a resident. This return will tax you on all of your income, no matter where it was earned.

For most people this is very simple – the state where you are resident is the one where you live and work. But for people whose lives involve multiple states, things can get a little complicated. If you have a complex situation, the first step to filing state taxes is figuring out where you are a resident.

Every state has different requirements for who qualifies as a resident for tax purposes. You need to visit the websites of the tax authorities of the states in question to figure out where you are a resident.

As a native New Yorker, I’m going to use the Empire State as an example. You can find the definition of a resident here on the Department of Taxation and Finance website. Most other states will have pretty similar standards if you want a general idea of what constitutes a resident.

You should note that there are nine states without an income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. If you are resident of one of these states, you don’t need to file a resident tax return.

Part-Year Resident Return

A part-year resident return is for people who moved during the tax year. If you were a resident of one state for part of the year and then a resident of another state for part of the year, then you need to file a part-year resident return in the first state and a part-year resident return in the second state.

A part-year resident return taxes you on all of your income for the portion of the year that you were a resident of that state. Let’s say you started the year living in Illinois. Then in July you moved permanently to New York. You would then have to file a part-year tax return in IL that taxes you on all of your income you earned during the first six months of the year. Then you will have to file a part-year resident return in New York that taxes you on the income you earned during the last six months of the year.

Nonresident Return

You need to file a nonresident return for any state (other than the state where you live) in which you earned money. This nonresident return will only tax you on the income you earned in that state.

Here’s an example. Let’s say you live in New Jersey, but you work in New York. First you have to file a resident return in NJ. Then you have to file a nonresident return in NY and pay taxes on the income you earned there.

Don’t worry about being double-taxed: when you file the state returns you will have the opportunity to claim a credit for the taxes that you’ve already paid to another state through withholding. The states will then settle accounts among themselves.

You also have to file nonresident return for any state that’s taxes were withheld from your paycheck. Normally you only have to file taxes in the state(s) where you were a resident and where you earned money.

But sometimes HR departments goof up and withhold taxes for a state you neither lived or worked in. In this case you need to file a return just so you can get that money back in the form of a refund.

Take note: it doesn’t matter where your company is located. If you didn’t live in a state, and you physically did not work there, you don’t have to file a return there just because the company paying you is based there, although you do if they accidentally withhold taxes for that state. If this happens, ask them to stop withholding taxes in that state so you have one less return to file!

Hopefully this information will give you some basic guidance when it comes to filing state taxes. You can file your state returns right here on RapidTax after you finish your federal return, or by themselves.

Photo via John Walker on Flickr.

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This entry was posted on Friday, January 18th, 2013 at 4:14 pm and is filed under Tax Tips.

483 Responses to “Filing Taxes in Two Different States – What You Need to Know”

  1. Amy says:

    my wife lives in our home state and worked short time in 2012, i work in a different state but fully support her financaily.the state i work taxes is taken out, do i have to pay more taxes becasue my family in 1 and i am in another state? where do i file?

    • Tax Advisor says:

      Hi Amy,

      You need to file a tax return in the state where you are a resident and then a nonresident return in any other state where you earned money. You refer to the state where your wife lives as your “home state” which gives me the impression that you are still a resident there. If that’s the case you and your wife can file a resident return in that state, which will tax you on all of your income no matter where it was earned.

      But you also need to file a nonresident return in the other state where you earned your money. This return will tax you only on the income you earned in that state. Don’t worry about being double-taxed. When you file your resident return you will be able to claim a credit for the taxes that were withheld for this state. The state where you work will then likely transfer some of that money over to the state where you live.

      • Anthony says:

        Hi I received unemployment in Pennsylvania from Jan-August I moved out West Virginia and started working in September where would I file my return

        • Tax Advisor says:

          Hi Anthony,
          You’ll have to file a part-year resident return for Penn and one also for West Virgina.

          • Brett says:

            WV and PA have a reciprocal agreement from what I understand. I work in PA but live in WV I have only done one state tax return the past few years. Have I been doing it wrong?

          • Tax Advisor says:

            Hi Brett,
            You’re right…PA has a reciprocal agreement with WV. Meaning, you do not have to pay PA income taxes on your wages. You should have submitted exemption form REV-420 to your employer.

  2. Kwame says:

    Please I live in New York and I worked at WhitePlains, Connecticut state. Where do I file my tax? also at the end of tax return should I pay any interest? Thanks

    • Tax Advisor says:

      Hi Kwame,

      First of all, make sure that you actually worked in Connecticut. If you worked in White Plains, that sounds like you were probably working in NY state.

      You definitely need to file a NY resident return that will tax you on all of your income no matter where it was earned. If you worked in CT, then you also need to file a nonresident CT return that will tax you only on the income you earned in CT.

    • Tax Advisor says:

      Hi Kwame,

      First of all, make sure that you actually worked in Connecticut. If you worked in White Plains, that sounds like you were probably working in NY state.

      You definitely need to file a NY resident return that will tax you on all of your income no matter where it was earned. If you worked in CT, then you also need to file a nonresident CT return that will tax you only on the income you earned in CT.

      Also, you will only have to pay interest if you fail to pay your tax liability by the deadline.

  3. Eileen says:

    My husband got a job in Arizona and we live in New Mexico. He is the primary bread winner although I work in New Mexico he is a resident of Arizona and comes home every other weekend. Where do we file resident tax and non resident tax?

    • Tax Advisor says:

      Hi Eileen,

      Even if you and your husband file a joint federal return you can file separate state returns. He should file a resident Arizona return if he is a resident there and you should file a resident New Mexico return if you are a resident there.

  4. Gus says:

    i work the hold year in nj but i was a resident in ga and paying taxes, but i moved to nj in july i star paying tax in nj how i do my faling and the gross it’s different of the case 1 should i put the gross amount or the amount in case 1

    • Tax Advisor says:

      Hi Gus,

      If you moved in the middle of the year, you should file a part-year resident return in GA on all of the income you earned for the portion of the year that you were a GA resident. Then you should file a part-year resident return in NJ that taxes you on all of the income you earned for the potion of the year that you were a NJ resident.

      • Nicole says:

        Hello,

        I have a similar situation where I was living in CA for half the year then moved back to WA for the second half where I was already a resident. I worked for the same company for the whole year, and while living in WA, I only physically worked in WA and never in CA.

        CA has income tax, WA does not. My company withheld CA taxes for the entire year when only the wages earned while I lived in CA should have been withheld. Additionally, the W-2 reflects my entire year’s wages as if I was a CA resident and/or working in CA, and shows the entire year as taxable by CA. How do I claim back the taxes withheld on the wages earned while living and working in WA for the second half of the year?

        Thank you

        • Tax Advisor says:

          If the company is a CA company, they should be withholding taxes for every paycheck you receive. You will file a part year resident return for CA or nonresident return for CA. That means you will only be taxed on the income received from CA sources (and will not be taxed on anything else).

  5. Regina says:

    I live in Indiana and work in Illinois. I believe the states at one time had reciprocity but am not sure if that is still the case. My employer only deducts for Illinois taxes. Should they also be deducting taxes for Indiana? Thanks

    • Tax Advisor says:

      Hi Regina,

      I think the reciprocal agreement between Illinois and Indiana was rescinded in the ’90s. Give your situation, you will have to file a resident return in IN that taxes you on all of your income, and then a nonresident return in IL. You will be able to claim a credit on your IN return for the taxes you’ve paid to IL through withholding. Hopefully IL will then transfer some of that money to IN. If you don’t end up owing either state any money, then I would say there’s probably no reason to have more money withheld, but if you end up owing money to one of the states then you might ask your employer to withhold IN taxes.

  6. andy says:

    I own a home in Ca. but worked and lived in West Virginia from Jan. thru Oct. 2012. I rented at first but then bought an r.v. to save money. What living expenses can I deduct ? All my withholding was from w.v.

  7. Melissa says:

    Hi–

    My husband and I lived in MA for 5 months. I lost my job and collected unemployment in MA. I then moved to NY where i still collected unemployment from MA, while my husband worked in MA during the week and came to NY on the weekends. I had no income in NY for the year. My husbands income from the year was totally in MA. Do we file both NY and MA returns?

    • Tax Advisor says:

      Hi Melissa,

      The crucial question here is whether you became a permanent resident of New York. It sounds like your move was a permanent one, in which case you are probably now a NY resident (This page from the NYS Dept. of Taxation and Finance should help you make that determination: http://www.tax.ny.gov/pit/file/pit_definitions.htm#resident).

      For now let’s assume that you are. I should also let you know up front that even if you and your husband file a joint federal return, you can still file separate state returns. In your case this might be the best thing to do.

      Since you were a Massachusetts resident for five months you need to file a MA part-year resident return, Form 1-NR/PY. But then because you continued to collect MA unemployment (which is considered MA source income) once you moved to NY, you also need to file Schedule R/NR. Finally you have to file a NY part-year return because you were a resident there for the second half of the year.

      It sounds to me like your husband remained a MA resident for the entire year so he should probably just file a MA resident return.

  8. Marcus says:

    At the beginning of 2011 my brother interned in MD while living in PA. Late in 2011 he moved to MD and started a full time job for the same company. Somehow his state taxes paid didn’t get changed from PA to MD until partway into 2012. Now on his 2012 taxes, which he was a full time resident of MD, he paid a portion to PA. How do we do his state/s return?

    • Tax Advisor says:

      Hi Marcus,

      If he was a resident of Maryland for the entire year, then he only owes taxes to MD. Under normal circumstances he would only have to file a MD resident return and be done with it. However, because taxes continued to be held for Pennsylvania, he needs to file a PA nonresident return in order to get that money back. On his MD return he should also be sure to claim a credit for taxes paid to PA. Basically what will happen in PA will transfer that money to MD and then your brother will be responsible for paying the difference or will get the difference back as a refund.

  9. Marcus says:

    Thanks!

  10. Feng says:

    Hi, I have some questions about state tax return.

    in 2012, I am a full-year resident of NY state and got W-2 in NY. However, my wife is a part-year resident of NY (another is OH), and got two W-2s, one from NY, one from OH.

    So for our NY state tax return, are we full-year resident or not? If yes, where in state tax form can I deduct my wife’s OH income?

    Thank you.

    • Tax Advisor says:

      Hi Feng,

      Even if you and your wife file a joint federal return you can file separate state returns. In your situation this might be the easiest thing to do. You should file a New York resident return and then your wife should file an Ohio part-year resident return and a NY part-year resident return.

  11. Teo says:

    Hi Tax Advisor,

    I am a resident in MD but did a 3-month internship in CA. My W-2 from CA shows the employee address as my address in MD.

    Am I considered as a non-resident in CA to fill the CA state tax?

    • Tax Advisor says:

      Hi Teo,

      Yes, I think that you should file a California nonresident return just on the income you earned for those three months. You can check the CA definition of residency just to be sure but I’m pretty sure you’ll be considered a nonresident.

  12. josh says:

    Hi,
    My employer withheld tax for wrong state and i was living and working in another state. My income was not much and i had to keep moving between those 2 states. I am international personal and due to some restrictions, I cannot avoid either of taxes for same time period…can we pay for 2 states for same time period or is that wrong by law.

    • Tax Advisor says:

      Hi Josh,

      First and foremost you need to file taxes to the right state – the one where you were living and working. This is the state that you actually owe money to. Then you need to file a nonresident return for the ‘wrong’ state, the one your employer mistakenly withheld taxes for. You don’t actually owe money to that state but you have to file in order to get back what’s been withheld.

  13. Stephanie says:

    Hi Tax Advisor,

    I lived in Washington State, but worked in Oregon State up until September 2012. In September 2012, I moved to Kentucky, where I currently reside. Do I need to file in all three states?

    Thank you!

    • Tax Advisor says:

      Hi Stephanie,

      Lucky for you Washington State has no income tax, so you only have to file in two states. First you need to file a nonresident return in Oregon which will tax you only on the income you earned in OR. Then you need to file a part-year resident return in Kentucky which will tax you on all of your income for the period September-December 2012.

  14. Travis says:

    Mr. Tax Advisor,
    My wife and I live in SC but she works in NC. We are filing the federal return jointly and are itemizing our expenses. I pay the majority of the itemized expenses. I assume she will file a non-resident 1040 in NC and a resident in SC. My question would be do transfer the total itemized expense we filed on on federal return to the NC and SC 1040′s or just one of them? Do I have to try and determine a portion of the itemized expense that she directly paid for and only claim those?

    • Tax Advisor says:

      Hi Travis,

      I think the best thing for you all to do is just file married filing jointly on your South Carolina return and your North Carolina return. That makes things much simpler and will then allow you to apply a credit for the taxes your wife paid to NC to your SC return. Even if you file a joint NC return, it will only tax the income your wife made in NC.

  15. josh says:

    Thanks Advisor, Now the thing is I have filed for both states and paid the taxes to both for same time period, which were not much, so I wanted to ask if this is wrong by law, or I need to send an amendment to one state.

    Your reply is highly appreciated

    • Tax Advisor says:

      Hi Josh,

      No, it’s not wrong. It’s perfectly normal to owe taxes to two different states. You will definitely owe money to the state where you are a resident and then you will also owe money to any other state where you earned money. The way you described your problem made it sound like taxes were mistakenly withheld for one state. When you filed that state’s return, they should have transferred some of that withheld money to the state where you did owe, or given it back to you as a refund. Based on what you’ve told me it doesn’t sound like there’s any reason to file an amended return.

  16. David says:

    Hi Tax advisor,
    My employer in Ohio sent me to their New Jersey office for seven weeks last year to fill a temporary need in that office. I returned home each weekend. I only received one W-2 and all the state taxes are credited to Ohio. Do I need to file a non-resident tax return for New Jersey? And should my employer have handled this differently? Thanks in advance.

    • Tax Advisor says:

      Hi David,

      Yes, you probably do need to file a New Jersey nonresident tax return. This will tax you only on what you earned in New Jersey. You’ll be able to claim a credit for the taxes you paid to Ohio through withholding and they should transfer some of that money to NJ. Ideally your employer should of withheld state income tax for NJ but since it was only seven weeks it probably wasn’t worth the trouble.

  17. MAURICE says:

    Hi,i live in New York for the past 3 years and I never file NY tax,cause my paycheck was a NJ address and my job in NJ.So last years I have to get my pay check with NY address for about 3 months.I file my tax but I forget to mention to tax preparer I live only 3 months on my pay check NY address.So now I want to make an emend and try to get my partial money back .Do you think NY State gonna ask me for those 3 years I didn’t report my income ??????I only file a tax in NJ cause my paycheck was NJ address and my job in NJ .THANK YOU VERY MUCH

    • Tax Advisor says:

      Hi Maurice,

      Just to be clear, if you are living in New York, and you qualify as a resident, you must file a New York tax return regardless of where you work. New York has every right to demand that you file those three years as long as they can prove you were a resident. Whether they will demand those returns if you attempt to amend your return, I can’t say. Their operation may not be that sophisticated. But you should know it’s a possibility.

  18. Sarah says:

    Hi,

    I lived and worked in VA for half of the year, then I got married and moved to MD. (My husband lived and worked in MD the entire year.) I earned NO income once I moved to MD. I understand my husband and I must file our state returns separately. He will file MD and I will file a part year in VA. Do I have to file anything for MD since I earned no income while I was a resident there?

    • Tax Advisor says:

      Hi Sarah,

      As usual with taxes, it’s a little more complicated than that. First off, you definitely need to file a part-year resident return in Virginia. There’s no ambiguity about that.

      As for Maryland, however, you can essentially choose whether to file a joint return or file separately. In some ways filing jointly may be the easiest thing (since I’m assuming that you’re filing a joint federal return). Here’s what the MD return instructions have to say about it: “Complete the Part-year/MILITARY area on the front of Form 502…Married taxpayers with different tax periods filing a joint Maryland return should enter a “D” in the box, follow the remainder of this instruction and write “different date periods” in the dates of residence area.” You can find more on page 16: http://forms.marylandtaxes.com/12_forms/resident_booklet.pdf.

      Even if you decide to file separately, I think you still may be required to file a return. You have to file a MD return if your MD gross income is above $3,800. MD defines MD gross income as your federal gross income + MD additions. I’m assuming that your federal gross income was greater than $3,800 so you probably would have to file a MD return. Part-year residents must show all of the income reported on their federal return, regardless of when or where it was earned. However, they are then permitted to subtract income received when not a resident of MD. So you wouldn’t end up owing any tax, but you would probably still have to file a return, if that makes any sense.

      You might want to talk to a MD tax professional, but I would suggest that you look into filing a joint return and just marking that you weren’t a resident of MD for that portion of the year.

  19. Susan says:

    My husband and I and our 2 kids have lived and worked in MN for 13 years. I am self employed in MN. In Sept 2012 my husband got a new job in WI. He stays there during the week (in an apartment he rents) and commutes home to MN on the weekend. Whis state is considered his resident state? How do we handle the state taxes for this situation? Also, are there any expenses we can deduct for his weekend commutes or for the apartment he rents? Thanks in advance for any help and info you can provide.

    • Tax Advisor says:

      Hi Susan,

      You should definitely check out the residency requirements of both states to make a determination, but I would say he’s a MN resident and a nonresident of WI, especially if he hasn’t changed his voter registration, auto registration, driver license, etc. If this is the case, he would have to file a resident return in MN (ostensibly a joint return with you) and then a nonresident return in WI. The deductions are a whole other can of worms that I’m not going to get into in this comment, but I will say that you can only deduct travel expenses associated with a temporary work assignment. If it’s an indefinite work assignment you can’t deduct anything. Take a closer look at this IRS page for more info: http://www.irs.gov/taxtopics/tc511.html.

  20. David says:

    Hi!

    Can you give me some advice?

    I lived in New York for half of the year and then went to colorado for work the other half of the year. Now I was charged tax on both states. First will I get a portion of that money back since every paycheck since moving to colorado included both New York and colorado state tax? Also do taxes become more expensive if you lived in two states through the year or do they simply just divide it? Also my wife and I weren’t married in the beginning of the year in new york but due to the common law in colorado, we would like to file as married. So if you become married in the middle of the year, does it count as the whole year on taxes?

    • Tax Advisor says:

      Hi David,

      1) Assuming your move to Colorado was a permanent one, you should not have had New York tax withheld after you moved there. If your employer is still doing that tell them to stop. If your move was NOT permanent and you are still a NY resident then it’s correct that NY taxes were withheld. If you are now a CO resident, you will have to file a part-year resident return in NY and then a part-year resident return in CO. Yes, you should either get some of that NY tax that was wrongly withheld back as a refund or they might transfer it to CO if it turns out you owe there.

      2) Taxes could be more expensive if you lived in two states, if you moved from a low-tax state to a high-tax one (imagine moving from Texas to New York for example) but since you’re moving from a high-tax state to a lower-tax one, it will probably end up being a lower tax burden overall than if you had stayed in New York all year. Also note that on each return you will be able to claim a credit for taxes paid to the other state (through withholding) to ensure that you are not double-taxed.

      3) When it comes to taxes you are considered married for the whole year as long as you were married on December 31st. If that’s the case, then you should file jointly. The only scenario in which you shouldn’t do this is if you two were residents of different states for different periods of time. For example, if your wife moved from NY to CO two months before you did (or never even lived in NY) then you should file a separate NY return.

  21. David says:

    Thank you

  22. Susan says:

    Thank you!! Your answers were very helpful!!

  23. Pam says:

    Hi my husband works in Rhode Island and we live in Massachusetts. I filed our taxes online last night and we are paying in Ma and receiving from Rhode Island. He thinks something is wrong… Does this sound right or did I do something wrong?

    • Tax Advisor says:

      Hi Pam,

      I really can’t tell you if this sounds right or not because I have no idea what his withholding was like for the two states. All I can tell you is that this doesn’t send up any red flags – it’s entirely possible. Likely not enough was withheld for MA (if any was withheld) and more than enough was withheld for RI.

  24. Beth says:

    Hi,
    My husband and I are residents of OR but moved to CA for seasonal work but never filed for residency because we are going to move back to Oregon. I have W-2 forms from both states but I don’t know how to file taxes for 2 states. I have done my federal taxes already but I’m stuck when it comes to state. Help? Thank you.

    • Tax Advisor says:

      Hi Beth,

      If you and your husband are still residents of Oregon then you need to file an OR resident return. This will tax you on all of your income, no matter where it was earned. Then you two need to file a nonresident return in California. This will tax you just on the income that you earned in CA. Don’t worry about being double-taxed: you will have the ability to claim a credit for the taxes you paid to the other state. I know this sounds complicated but when you use an online program like RapidTax all you have to do is input the information and it’ll fill everything out for you.

  25. Mike says:

    Hello,

    I currently work in two different places. My work office is located in California where there is state income tax. My wife lives in Nevada (due to schooling) and my company allows me to travel back and forth from California to Nevada. Nevada has no state income tax. and I calculated that I worked remotely in Nevada about 40% of my time last year.

    Is it possible to claim non resident in California if I worked remotely 40% of the time? How do I go about doing that? Thanks.

  26. tammy says:

    Hi,im a lil late on filing taxes but i work in svand nc but im a resident of sc how do i file? I also have 2 jobs 1 in each staze..so do i combine the two or what?

    • Tax Advisor says:

      Hi Tammy,

      Don’t worry about being late. You can still e-file your returns right here on RapidTax and if you’re due a refund you won’t even have to pay any penalties.

      As for your state returns, you need to file in both South Carolina and North Carolina. You should file a resident return in SC. This will tax you on ALL of your income, so that will include both of your jobs in both states. You should file a nonresident return in NC. This will tax you only on the income you earned in NC. But when you file this return, they will likely ask you to enter your total income (to help determine your eligibility for certain credits, deductions, etc.) and then your NC-source income. This is the one you will actually be taxed on.

  27. Sakar says:

    My spouse had income from MD until the mid of the year. After marriage she moved and joined me in NY and she does not have income here. I would appreciate if you can suggest on where she needs to file. Does she owe tax to New York as it is now her residence; does she even have to file at NY….very confused. Thank you.

  28. Rachel says:

    I don’t reside in California but when I was younger I lived with my mother. I changed my address when I moved to Arizona now it’s 2.13 and I just got a letter in the mail I indicating that I need to file my 2010 tax return, weird… What do I do. I’ve already told my human resource department a long time ago that I reside in Arizona. Please help me with advice.

    • Tax Advisor says:

      Hi Rachel,

      If you’re not a California resident, you need to get in contact with the CA Franchise Tax Board and explain to them that you are not a resident. They may ask you for evidence, such as Arizona driver’s license, voter registration, utility bills, etc. to prove that you really do live in AZ.

      Another thing to keep in mind – did you earn any income in CA during 2010, even though you were living in AZ? If so, you do have to file a nonresident CA tax return.

  29. Rachel says:

    California is requesting for me to file my 2010 tax return

  30. Rachel says:

    I was 22 when I lived with my mom in California but I’m now 36.

  31. Kathy W. says:

    If I am not working for years and living in PA as a full time resident for 9 years and my
    spouse gets a full time job in Connecticut and needs to rent an apartment and come
    home weekends how does the duo state taxes work here. Plus, our child will
    go to PA full time school and me staying home in the PA home as the main residense.
    Otherwise, renting an apartment to work in Connecticut during the week and
    keeping our same PA home residense. How doe the state taxes affect us and
    how do you suggest we file? OR handle this the best way?

    Thank You,
    Kathy W.

  32. AC says:

    Hello, please guide me…. Husband will start working in Portland however, he will travel overseas 50% of his time. I work from home and would benefit living in WA to avoid state income tax being withheld on my salary (9.9% bracket). Will hubby have the same benefit of paying OR income tax on only 50% of his salary? My question is – if he travels overseas say 180 days a year – does he pay taxes on those 180 days income since he did not drive and worked at his desk in Portland? Can he pay WA taxes as resident and non-resident tax to OR on 185 days of work. (not considering weekends, etc, just trying to simplify my question)

    Thank you for any guidance! AC.-

    • Tax Advisor says:

      Hi AC,

      If you guys moved to Washington and became residents there, then you personally would be able to avoid state income tax entirely, as you would live and work completely in WA, which has no income tax. Obviously this would be a pretty big benefit.

      Your husband, however, would still have to pay Oregon tax as long as he is physically doing work there. If you do move to WA, he would not have to pay state income taxes on all the work he does overseas. He would just have to pay OR tax on the work he actually does in OR. Obviously I’m not acquainted with every aspect of your financial situation, but it sounds to me like you stand to gain quite a bit (at least on the tax front) by moving to WA.

  33. AC says:

    Many thanks! So we would complete tax forms as WA residents and then complete a 40P for the 1st year and a 40N for the following years. for OR income. Which form would we use to show the breakdown of his days at the office and days overseas? Many many thanks for your help!

    • Tax Advisor says:

      Hi AC,

      Well the great advantage of living in Washington is that they have no income tax, so you won’t have to file anything there. You’re correct about Oregon. You would have to file a 40P when you move and then a 40N for every year after that. On the 40N you’re only supposed to pay tax on your ‘Oregon source’ income which can be a little tricky to figure out, especially if your husband is a salaried employee. I would just take his overall salary from that OR company and then multiply it by the % of the year that he actually worked in OR. For example, if he worked in OR 185 days out of the year his OR source income would be 50% of his salary.

      Note that in the year that you move, some states require you to file both a part-year resident return and then a separate nonresident return on the OR income you earn after you move. I don’t think OR is one of those states, I think you should be able to report everything on the 40P but I’m not 100% sure. You should try calling the Dept. of Revenue or talking to an OR based tax adviser just to make sure.

  34. Tanmaya says:

    Hi,

    I worked in NY till the end of 2012 and filed NY taxes this time. My company moved me to Arizona in the first week of January where I have been since. I was paying NY state taxes till April’13 because the HR updated my address only in April’13. Now I pay Arizona state taxes.
    So how would I pay Arizona taxes for the first 4 months and get NY taxes back?

    Thanks,
    Tanmaya

    • Tax Advisor says:

      Hi Tanmaya,

      During tax season next year (when we all file taxes for the 2013 financial year) you’ll have to file in both Arizona and New York. If you’re company had switched withholding when it was supposed to, you wouldn’t have to file NY, but since NY taxes were withheld, filing is the only way to get that money back.

      So you’ll have to file an AZ resident return and a NY nonresident return. When you file your AZ return you should be able to claim a credit for taxes withheld by NY to prevent you from being double-taxed. NY will end up transferring that money to AZ or you’ll get it back as a refund.

  35. RON L. says:

    H I,
    WHAT TAX FORMS WOULD I HAVE TO FILL OUT IF I AM A N.J. RESIDENT RETIRED AND MY WIFE IS A FL. RESIDENT
    THAT WORK A PARTTIME JOB IN N.J. ?

    THANKS

    RON L.

    • Tax Advisor says:

      Hi Ron,

      Basically you and your wife have a choice: you can either file a joint return or separate returns.

      If you file separately you will file a NJ resident return (computing income and exemptions as if you had filed a Federal married, filing separate return. Your wife would then file a nonresident return just on the income she earned in NJ. The advantage to doing this is that your wife’s income earned outside of NJ will not be taxed by NJ.

      If you decide to file jointly, then ALL of your wife’s income will be taxed by NJ as if she were a resident. The advantage to doing this is that the preparation is a little easier.

      I would say that if all (or most) of your wife’s income came from NJ, then it makes sense to file jointly. But if she is earning a lot of money in Florida (where there is no income tax) then she would probably benefit by filing as a nonresident in NJ so that NJ doesn’t tax that income. You can find more info on page 16 of the NJ return instructions: http://www.state.nj.us/treasury/taxation/pdf/current/1040i.pdf

  36. Frank F. says:

    I lived in state of MN for the month of January and worked there. Took a new job in Texas and mived on Jan 28th. Later in the year my MN employer paid me a small bonus for work done in MN in april while I was already moved to Texas and had been worki g there for a coue of months. How should I file my taxes. Pls know I filed an extention as I was unable to colllect all docs in time.
    So I have lived in texas working for a texas company from Jan 28 till Dec 31.
    Pls help!

  37. Mika says:

    I lived in GA from January-July 2013 and did not earn any income, was not a student, am unmarried with 3 kids. I currently have my car registered in GA, a GA drivers license and have donated $2500.00 in clothing to Goodwill in GA. I relocated to CA in July and am earning income. Do I need to file two tax returns? If I only file in CA since that is the only state I’ve earned income in this year, can I deduct the GA donations on my CA taxes?

    • Tax Advisor says:

      Hi Mika,

      Yes, you most definitely need to file two tax returns. The first thing you need to do is figure out where you are a resident. If you are still a GA resident, then you need to file a GA resident return and a CA nonresident return. If you have become a CA resident, you need to file part-year resident returns in both GA and CA.

  38. Mika says:

    Hello,
    I am now a CA resident & I am still confused…I didn’t earn any income in GA and my only income for 2013 will be CA. I read that part time residents of Georgia qualify for low-income credit if they lived in Georgia at the end of the year and meet other requirements. I will not be living in GA at the end of the year. Does GA charge a fee or tax for part year residents?
    I appreciate any clarification. Please advise.

  39. Fred says:

    Hello,
    I might be moving to Florida for a new job. I’m married and my wife will be staying here in Virginia. We own a house here which we will be keeping, I’ll be renting in Florida. Whats’ the best way for us to file taxes? Florida has no state tax, Virginia does. We have to pay personal property taxes on our cars in VA. I’m not sure about FL. What about the home? I will become a resident of FL. Should we file a joint federal return and seperate state? Please provide any you can so good ole uncle sam doesn’t take it to us!! Thank you and have a great day.

    • Tax Advisor says:

      Hi Fred,

      If you know you’re going to become a Florida resident than the best thing to do is probably to file separate state taxes. You will have to file a part-year resident return in VA, on the income you earned before you left. Then your wife will have to file a resident return on all of her income. Each state has its own laws (and you’ll have to look into VA’s) but generally in these types of situations you can file a joint federal returns and then separate state returns. The only difficulty is that you have to enter your state information as if you filed separate federal returns, so it takes a little extra work.

  40. Fred says:

    Hello Tax Advisor,
    Florida doesn’t have a state tax? I’m not sure if they have personal property taxes on your vehicle or not? They do in VA. How will it work if I register one of our cars in Fl. and the other in VA.? Thanks for the input. I haven’t work in VA. at all this year, just 10-12 weeks of unemployment which the taxes were taking out of it. Please advise.

  41. Al says:

    If your permanent residence is California, and you have rental property in Nevada (non-tax state), will the income from the rental property be taxed in California?

  42. Joyce says:

    Hi! This is my first time to do tax because i never worked before. I lived in New Jersey then transferred all my address to Georgia last year because I got married. But now, I came back in New Jersey and found a work in Bronx, New York. All my ID’s address are in Georgia but when I applied in my work in NY, I put my jersey address since i’m currently staying here. So now I’m confuse which one to put. does it mean I have three states to file? Please help!

    • Tax Advisor says:

      Hi Joyce,

      You need to figure out where you are a resident (either Georgia or New Jersey). If you are still a resident of Georgia, then you will have to file a resident return in GA and a nonresident return in New York. If it turns out you are now a resident of New Jersey, you will have to file a part-year resident return in GA, a part-year resident return in NJ, and a nonresident return in NY.

  43. Fred says:

    Seeking update on message sent on 7/23/13 @ 11:53 A.M. Thank you.

  44. Snowbird says:

    I maintain my homestead in Florida, earn all my wages from a Florida corporation, and am a telecommuter, meaning I can work from anywhere. My Massachusetts resident beau wants me to marry him and live at his Mass residence more than 183 (six months) of the year. From looking at the Mass tax website, it looks like I would have to pay Mass income tax on my Florida-earned income if I stay in Mass more than 183 aggregate days, whereas if I live in Mass for less than six months out of the year, I get the benefit of not having to pay taxes because Florida has no income tax. My beau loves snow, but I don’t want to have to pay for it! Should I ask a Massachusetts tax advisor, or can you help? Thank you!

    • Tax Advisor says:

      Hi Snowbird,

      It probably would be a good idea for you to talk to a Massachusetts tax adviser, but unfortunately I think if you do any work in Massachusetts you will probably be liable for MA income tax. It sounds like you’ve already investigated the rules governing residency. If you are considered a MA resident, then you will have to pay tax on ALL of your income. This will likely be a lot of money, considering that in FL you owe nothing. Now technically, even if you don’t qualify as a resident, you should still pay taxes as a nonresident on all the income you earn while in MA (how MA will know that you are working there when you are basically working from home is another matter – I’m just telling you what you will technically be obligated to do). So basically, even if you lived there for 182 days, you would still have to file as a nonresident for the income you earned during those 182 days. This is far preferable to being taxed as a resident there, but also worse than getting off tax-free in Florida.

  45. Snowbird says:

    Thanks, Tax Advisor. I would not be doing any work for any Massachusetts entity (what the tax site refers to as “Massachusetts source income); all of my income will be from a Florida corporation, although I would physically be sitting at a computer located in a home in Massachusetts.

    I will ask a MA tax advisor. It does seem complicated! Here’s what I was able to glean from the MA site:

    Massachusetts tax law distinguishes between residents and nonresidents. Residents are generally taxed on all of their income; nonresidents are only taxed on their Massachusetts source income. As a Massachusetts resident or part-year resident, you are required to file an income tax return if your gross income from all sources (received inside and/or outside of Massachusetts) exceeds the filing requirement threshold of $8,000. As a nonresident, you are required to file an income tax return with Massachusetts if your Massachusetts source income exceeds the smaller of $8,000 or your prorated personal exemption (the amount of your personal exemption multiplied by the ratio of your Massachusetts income to your total income).

    How do I determine my residency status?

    Massachusetts tax law defines residency status as follows:
    You are a Full-year Resident if your legal residence (domicile) was in Massachusetts for the entire taxable year or if you maintained a permanent place of abode in Massachusetts and spent in the aggregate more than 183 days of the taxable year in Massachusetts, including days spent partially in and partially out of Massachusetts. Note: A day in Massachusetts while on active duty in the United States Armed Forces is not counted. If you fit this description, you should file Form 1, Massachusetts Resident Income Tax Return. For more information, please see TIR 95-7.

    You are a nonresident if you are not a resident or inhabitant of Massachusetts as defined above. If you received Massachusetts source income during the taxable year (e.g., from a job in Massachusetts), you must report such income by filing Form 1-NR/PY, Massachusetts Nonresident/Part-year Resident Income Tax Return.

    You are a Part-year Resident if you moved to Massachusetts during the taxable year and became a resident, or you terminated your status as a Massachusetts resident during the taxable year to establish a residence outside the state. Part-year residents must file Form 1-NR/PY, Massachusetts Nonresident/Part-year Resident Income Tax Return.

    If you were both a Massachusetts resident for part of the year and a nonresident with Massachusetts source income for another part of the year, you must file Form 1-NR/PY and complete Schedule R/NR to calculate the portion of income earned while a part-year resident and the portion of income earned while a nonresident.

    Married couples who do not have the same period of residency during the tax year cannot file a joint return.

    A more in-depth explanation is available in the Residency Status section of a Guide to Taxes.

  46. Ken says:

    I work five days a week in NY and commute back to my residence in Texas every weekend. For tax purposes please tell me how I file my returns, since Texas has no state tax do I pay NY state tax? Do I list my residence with HR as Texas?

    Will my W-2 still reflect state of NY? Need help.

    • Tax Advisor says:

      Hi Ken,

      You will definitely pay New York State taxes. The question is whether you will have to file a resident return or a nonresident return. You need to take a look at this page from the NY Dept. of Taxation and Finance and figure out whether you are a resident or not. If you are a resident, you will be taxed on all of your income, and if you are a nonresident you will be taxed only on the income you earn in NY: http://www.tax.ny.gov/pit/file/pit_definitions.htm

  47. Ken says:

    Will I need to pay NYC tax if I have an apartment in NYC but commute back and forth to my permanent residence in TEXAS. how does one reflect this?

  48. Maria says:

    Hi, I need help, I live in Ga but work in Fl, how do i file my taxes and as well how do I fill out the W4 form.. thank you!

    • Tax Advisor says:

      Hi Maria,

      Lucky for you, Florida has no income tax, so you only have to file a resident tax return in Georgia. Your company should withhold GA taxes for you when you enter your GA address on you W-4, but talk to your HR department to make sure.

  49. Sam says:

    Hello,

    I had an income in Florida for the first 6 months of 2011. Then I moved to California and started a job in Decmber of 2011. In Florida, I only have to file a federal income tax, but California requires both federal and state filing. A tax preparer told me that California would tax me on my Florida income, but that doesn’t sound right. Can you please help and clarify? I would think that California would only tax me on the one month of income that I earned in that state. Is this correct?

    • Tax Advisor says:

      Hi Sam,

      If you moved to California and became a CA resident in December 2011, then CA should tax you on all of your income for only that period you were a CA resident. It should not tax your FL income from before you became a resident.

  50. Nichola says:

    My daughter (US citizen) was born in Europe and spent her whole life there until the age of 20. She recently joined the US military and is perplexed as to which state she has to claim for State tax purposes as she has no ties whatsoever to any US State. We (Her parents) just moved to Virginia in April 2013, but she has never lived there with us, and this is our first time back in the US for 29 years as we were also in the military, then as civilians, and overseas for all that time!! (My husband was considered a resident of Illinois during this time, should she claim that at her State as that was what she was reported on our State tax returns)

    I’m hoping someone can shed some light on this, the military have no idea what she should do??

    • Tax Advisor says:

      Hi Nichola,

      I have to say I honestly have no idea. If she doesn’t qualify as a resident according to any of the definitions on the websites of the various state tax authorities then she shouldn’t have to file a state return at all. I would probably seek out the advice of a tax adviser who specializes in military filing.

      • Calvin says:

        It is quite likely that she is simply not resident in any state, just like many non-military expatriates are. No state return is needed unless she made money in one (or more) of those states (unlikely). I worked overseas for years and saw numerous variations of this, but if her life and money is all in Europe, she’s pretty clearly “out” of the state tax return tangle.

  51. Nichola says:

    Just to add we have no property or family in Illinois now.

  52. Zwingli says:

    My wife and I were living and working in Florida up until the end of May when we moved to Ohio. I got a new job, but my wife’s employer had locations here in Ohio and she was transferred to a location here so she is still with the same employer. I know how I should file, but how should she file.

  53. katherine says:

    Hi,

    Alright so I worked in Idaho during the summer (I’m an Idaho resident) and then moved to Juneau, Alaska for school and have a job here (I transferred from the job in Idaho to where I’m working now so I’m with the same company). So I was wondering what I do come tax time when filing? Do I file for both states?

    and when I worked in Idaho I had to fill in a tax form for Idaho so tax will be taken out and I was wondering if I need to do that here in Alaska or if I should keep everything the same and have Idaho taxes taken out of my paychecks here in Alaska?

    thanks,
    -Katherine

    • Tax Advisor says:

      Hi Katherine,

      Alaska has no state income tax, so you don’t have to worry about that. The question now is whether you are still an Idaho resident. If you are, you will have to file a resident return on ALL of your income, both from ID and AK. If, however, you became an AK resident, you only have to file a part-year ID return that taxes you on the income you earned before moving to AK.

  54. Nicole says:

    I work in Ny, but the company I work for is in conneticut. I have never been to that office or physically worked anywhere in CT. I started working in January and since my first pay check I have been paying NY state tax and CT taxes. When I emailed the office manager about my concerns she said I have to pay since the company was in CT. Today I was speaking to a colleague of mine and he stated that wasn’t true. I attempted to research the solution and found this site. If this is true, how should I go about collecting the money I already paid, and is there a particular rule or section of tax code I can reference when asking the company to stop deducting from my check. Thank you for your help.

    • Tax Advisor says:

      Hi Nicole,

      No you shouldn’t have to pay CT tax is you do not physically do any work there. However, since CT taxes have already been withheld, you will have to file a non-resident return there in order to claim that money back in the form of a refund (either that or they’ll transfer it to NY). I’m not sure how you can demonstrate to your employer that they don’t need to withhold CT tax. Try the instructions for the CT tax return.

  55. katherine says:

    Thanks

    I am an Idaho resident. I was also wondering. Federal was taken out of my most recent paycheck (in Alaska) should I put aside some money for Idaho state tax each paycheck?

    I’m trying to avoid having to pay back taxes come tax time.

    -Katherine

  56. Foreign Service Officer says:

    Hello,

    I am a first tour foreign service officer that maintains domicile in New York state but have been in Virginia for training for more than 183 days (their cut off for residency). I do not want to convert my domicile from NY to VA but am unclear on how to calculate how much to pay which state. Would I pay NY for the first 183 days of the year and the residual number of days calculate the payment to VA? I will move to Kenya in early October so at that time I will no longer be required to pay state taxes to NY (nor VA), correct?

    Thank you,

    C

    • Tax Advisor says:

      Hi Foreign Service Officer,

      You need to figure out where you were a resident over the course of the tax year. It sounds like you’re implying you ceased to be a NY resident and became a VA resident. If that’s true, then you would need to file a part-year resident return in each state for the days you spent as a resident in each states. Also note that being out of the country doesn’t necessarily exempt you from state taxes. In this case check with NY. You may still be required to file.

  57. Jarod says:

    I live in NM and was offered a job in Texas. My Partner and our son won’t be going. My understanding is TX doesn’t take out income tax. How do I do taxes? We currently have a civil union but are going to get married. We own a home. I was told for tax purposes to become a TX resident or I’ll owe a whole bunch to NM. Is this true? What would be the best thing. It would be a significant pay increase.

    • Tax Advisor says:

      Hi Jarod,

      It’s true that if you remain a New Mexico resident, you will have to pay NM taxes, even though you are working in Texas. If you remain a NM resident you will have to file a NM resident return that taxes you on all your income. From a tax perspective, the best thing would be to become a TX resident since as you correctly noted TX has no income tax. If you and your partner end of getting married, that will make things a little more complicated, as you’ll likely file a joint federal return, but then s/he’ll have to file a married filing separately NM return.

  58. Pk says:

    I lived and worked in WI for 6 months then I moved to CA for 6 months. I did not work for the 6 months I lived in CA. Do I need to file a tax return in CA as well? I received a letter stating that I owed CA back taxes but I didn’t work while living there so I didn’t think I needed to?

    • Tax Advisor says:

      Hi Pk,

      That depends on whether you became a California resident. If you DID become a CA resident, then yes you probably do need to file a part-year resident return for CA for that year (though you should check the filing requirements just to make sure). If you remained a Wisconsin resident then you shouldn’t need to file in CA.

  59. Geo says:

    I live in the state of georgia, but I work and pay taxes in south carolinia. Since I have had taxes taken out for south carolinia already am I still going to be taxed again by the state of georgia? Thank You.

    • Tax Advisor says:

      Hi Geo,

      Yes, Georgia is going to tax you. As you are a GA resident, they have a right to tax all of your income, regardless of where it was earned. However, on your GA return would will have the opportunity to claim a credit for taxes paid to another state (in this case SC). What will end up happening is that SC will transfer some of that money to GA. Even though you’ll be taxed by two states you won’t be ‘double-taxed.’

  60. AR says:

    I have a house listed as my primary residence in New Jersey but I rent an apartment and work in Oregon. Where do i file my taxes?

    • Tax Advisor says:

      Hi AR,

      First you need to look at the residency definitions for both New Jersey and Oregon. If it turns out that you are an OR resident, then you only have to file a resident return there and you don’t need to worry about NJ. But if it turns out that you are a NJ resident, then you need to file a resident return there and a nonresident return in OR.

  61. AK says:

    I work and live in NY. My husband got his first job in Arizona (Feb. to April) then he was back to NY. He got his second job in Minnesota (July to Present) even though his employer is in NJ. We are going to file as MFJ and want to know how to file for each state. Do I have to file for all state and how to determine his Residential state?

    • Tax Advisor says:

      Hi AK,

      You need to take a look at the definitions of residency for all the states your husband was in during the year. I suspect that he will be a NY resident, though if he spends enough time in MN he could end up being a resident there as well. If my hunch is correct and he is a NY resident, then you two can file a joint return in NY and he can file nonresident returns in AZ and MN.

  62. Art says:

    My federal return is fairly straight forward but I am totalIy confused what to do for states. I live and work in Massachusetts and at the beginning of the year my wife moved to our vacation home in California to care for her elderly parent. While she goes back and forth between states, she will end up with more than 6 months in California. I on the other hand will have only been in California for less than a month of vacation. I have a low mid 6 figure salary and my wife does not work at all and has no W-2 or other income except her share of joint investment income of about 15-20k. Couple questions, 1) do we need to file in California? 2) do we need to file joint in both states, 3) can we file joint for fed and separate for states? 4)as Massachusetts is not community property state, does my Mass income have to be reported in California…. 5) what is best strategy?

    • Tax Advisor says:

      Hi Art,

      I just want to preface this by saying that you might want to sit down with an accountant, but here are some quick answers to your questions.

      1) This depends. You need to take a close look at California’s definition of residency. There’s a fun PDF doc you can peruse here – https://www.ftb.ca.gov/forms/2012/12_1031.pdf. My guess is that you are not a CA resident, but that your wife MIGHT be, given how much time she spent there.

      2) No, you do not need to file jointly in both states.

      3) Yes, you can file a joint federal returns and then separate state returns if you have to. This is a major headache though because on the state returns, you have to fill in the information as if you filed separate federal returns (even though you really didn’t).

      4) I’m not entirely sure about this one (see: sitting down with accountant at top of comment) but if you are filing separate state returns (as if you filed separate federal returns) then I don’t think that CA should have the right to tax your income as long as you are unambiguously a MA resident.

      5) The best thing to do is likely to try as hard as possible to prove your wife is not a CA resident, and from what you’ve described I think it’s possible that she isn’t. One of the big things here is intention. If her stay in CA is temporary, then it’s likely she not a resident. If her stay is indefinite, on the other hand, CA has ground on which to force her to file as a resident. But on the other hand if her spouse, principal residence, driver’s license, etc. are all MA you might be able to prove she’s still a MA resident. This would certainly be the easiest for you. In that case you file a joint MA resident return, end of headache. But if she is a resident of CA, she’ll have to file separately there. But then according to MA she may still qualify as a resident in MA, so you’ll then want to work to prove she’s not a resident in MA so she doesn’t have to file with you.

  63. Michelle says:

    State tax question:
    We moved from IN in 3/2012
    When filing taxes for IN do I only report wages earned up until that point?
    Example;
    Total wages box: 12345.12 while employed in IN.

    Then we received another W2 from new company in TN.
    Obviously we paid no state tax to TN or IN on this W2

    • Tax Advisor says:

      Hi Michelle,

      You should be sure to file a part-year resident return in Indiana. This return will ask you to report ALL of your income for that period of the year that you were an IN resident. Once you move to TN, IN should no longer tax any of your income.

  64. Art says:

    Tax Advisor – thanks for the responses – after reading the calif info, I would think that I am unambiguously a Mass resident, and my wife is technically a calif resident for the year but with intent to return back to Mass. Do you know if she filed separately in Calif if my Mass income would be considered community property income in CA even though it is clearly from Mass and Mass is not a community property state?

  65. Sydney says:

    I got married in 2012, lived in IL for 8months and MD for 4 months. My husband is resident of MD. I worked in both states in 2012. We are trying to file jointly and the software does not allow this. Are you aware of any law, clause we cannot file jointly? Thanks.

    • Tax Advisor says:

      Hi Sydney,

      You can certainly file a joint federal return, but I’m not sure it makes sense to file a joint state return. You certainly can, but Maryland will tax all of your income for the entire year, which they are not really entitled to tax. Filing part-year resident returns in IL and MD will make sure you aren’t double taxed.

  66. Alfredo Fontan says:

    I just received a job in California. My wife works here in Florida and will be staying here working, and staying with the kids until she can find a comparable job in California (She is a radiation Therapist). We have never been to California, so we don’t even know if we will move for certain. I need to take this job in California, because I graduated a while back from a school, receiving a second degree in a medical field, and here in Florida it has been impossible, so far, to get a job in my field, so I jumped at the opportunity in California.

    How would we pay state taxes. Florida doesn’t have any, but California does. Also, what state would or should be considered (if it makes a difference), our resident state.

    Thanks

    Al

    • Tax Advisor says:

      Hi Alfredo,

      Everything depends on where you are a resident. I assume that if you take a job in CA and are living there more or less full-time that you will be a CA resident. What you need to do is look at this document and figure out if you really do qualify as a CA resident – https://www.ftb.ca.gov/forms/2012/12_1031.pdf

      Let’s assume that you are a CA resident. In that case you would need to file a CA resident return that taxes you on all your income, but you should file separate from your wife (assuming that she remains a FL resident) so that her income does not get included and taxed as well.

      Since FL does not have an income tax and CA has one of the highest income taxes in the country, it’s probably best for your wife to remain a FL income until you are absolutely sure that you want to move the family out to CA.

  67. James says:

    First I wanted to say thank you for doing this!

    I live in Florida and work for a company in Virginia. For this company I work in the Middle East as a pilot. I actually don’t set foot in Virginia.

    Do I owe Virginia tax?

    • Tax Advisor says:

      Hi James,

      No, you should not owe any Virginia taxes. The only circumstances in which you would owe VA tax would be if you were a VA resident (which you aren’t) or if you physically did work in VA (which you don’t). In this case the only scenario in which you would have to file a VA return would be if VA taxes were mistakenly withheld from your pay – and this would only be to get that money back.

  68. James says:

    Thank you for such a fast reply!

    I believed that to be the case. One thing that concerns me is this. My employer does not take VA tax from my check as indicated in my W2. However, at the bottom of the W2 form it lists “VA” at box 15 and the employers VA tax ID. Then box 16 lists my “state wages….”. Although, my mailing address does state Florida.

    I have always worked for an out of state company, lived in another state, and never set foot in the companies state. So, I looked back at previous W2 forms and noticed they put my state of residence in box 15 not the companies state location.

    Is my current company doing this in error? I am concerned that these W2s are electronically submitted to VA and they are waiting for a return that isn’t coming.

  69. Kristen says:

    Hello,

    I worked and lived in NYC in 2011. When I left this employer at the end of 2011 they sent me a W-2 for my vacation pay, holidays, etc. but it was marked for 2012. I moved to Boston, MA on Dec. 31, 2011 for my new job that started on Jan. 9, 2012. However, the first 3 pay checks that were issued were to my old address in NYC. Normally I wouldn’t care, but because of this mistake that my company made, I now owe the state of New York money, rather than them owing me. Is there anything that I can do to rectify this error at this late stage? Thank you!

    Kristen

    • Tax Advisor says:

      Hi Kristen,

      You shouldn’t owe the state of New York money if you were a MA resident and working exclusively in MA. It’s true that NY taxes were probably withheld because of this mistake and that you will have to file a NY nonresident return because of it. But if you were not a NY resident for any part of 2012 and you didn’t work in NY you should get all that money back as a refund.

  70. robert says:

    i worked in ohio until october 2013 we are moving retiring in nc on our vacation home (not working in nc) WHEN MY RESIDENCE START IN NC, ALSO DO I HAVE TO FILE STATE TAX IN NC

    • Tax Advisor says:

      Hi Robert,

      Yes, if you move to North Carolina and become a resident there you will have to file a NC resident return. In the year that you move you will have to file a part-year resident return in Ohio and a part-year resident return in NC.

  71. robert says:

    P.S MOVED TO NC NOV 1ST

  72. Cassandra says:

    Hi,

    I work in RI but live in CT. Currently I am having both taxes taken out of my paycheck (turns out they are much higher in RI!). Is there a rough percentage of the RI taxes I can assume to be getting refunded? Can I plan on getting all of the RI taxes back during taxtime if it’s filed properly? Or is it usually closer to 50%? Thanks!!

    • Tax Advisor says:

      Hi Cassandra,

      You will most likely owe something in Rhode Island. It’s possible you could get everything back but I think it’s very unlikely, especially if you’re earning a decent amount of money. I can’t say what percentage you should expect to get back because I have no idea about how much is being withheld, what your financial situation is, etc. I suggest visiting a local tax agent if you want a really accurate picture of how much you’ll be getting back from each state.

  73. judy hemberger says:

    Hi
    I currently live in CT but will be moving to MA nexy year. I have no earned income. All my income is from investments(either interest or dividends) or from withdrawals from my IRA. Will I need to file CT return next year or only MA? THANKS

  74. Rich says:

    Hello,

    My wife and I are getting ready to build a house in WI. Our principal residence is in IL. We also own a small condo in IL that is presently occupied by our daughter and she pays the assessments. When the house is completed, we intend to sell the house in IL. My wife will move full time to the WI property and I will move into the IL condo to finish my working career. That is expected to be 10 – 12 years. We expect to see each other once or twice a month in either location. I think I would prefer to maintain my principal residence in IL because I believe the income taxes are substantially lower and I would like to vote in IL. My wife is likely to get a WI driver’s license and do other things to make it clear that this is her permanent residence. At tax time, where do we file? Does the answer differ if she is working or not working? Thanks.

    • Tax Advisor says:

      Hi Rich,

      If your residency is in IL and you are working in IL you will just need to file taxes for IL. However, if you or your wife are living in one state and working in another state you would have to file a resident return in the state where you live and a nonresident return in the state where you work. We actually have an article about this specific topic. It will help answer some of your questions. Here is the link; http://www.rapidtax.com/blog/state-income-tax-living-in-one-state-working-in-another/

      Also, don’t forget, the year that you move residency from WI to IL you will most likely have to fill out a part-year resident return. This is for people who moved during the tax year. This means, you need to file a part-year resident return in the first state and a part-year resident return in the second state.

      Hope that helps!

  75. Dave says:

    I am a NH resident but work in ME. I worked for 6-mos in CT on a temporary assignment. I continued to have ME taxes taken out. How can I recoup this money from ME at tax time.

    • Tax Advisor says:

      Hi Dave,
      Considering you live in NH, you will have to fill out a resident return for NH (which you may already know). You will have to file a nonresident return for the state(s) you work in. This means, you will have to file a nonresident return for ME and CT, if the 1099s are from those two states. A nonresident return only taxes you on the money you earned in that state.

      We actually have an article about this on our website. This article will help give an in-depth answer to your question. Here is the link; http://www.rapidtax.com/blog/state-income-tax-living-in-one-state-working-in-another/

  76. Cukla says:

    Hello,

    We purchased the house in Florida within two years we would like to move for good on retirement, but we still earning salary in IL and I was wondering what do we have to to submit to Florida? I understand to maintain the house as payments for assessments, cleaning service, and other as remodeling and etc. We never rented the property in 2013 and I will see if the expenses are not to high to keep as is for us. Your recomendations?

    • Tax Advisor says:

      Hi Cukla,

      You will have to file a resident return for where you live. Note, Florida does not have income tax, so you will not have to worry about filing a resident return for Florida. However, if you are earning salary in IL and living there, you will have to file a resident return for IL. If you are only working in IL and not living there, you will have to file a non-resident return.

  77. Michael says:

    Hello,

    Next year I will be moving my family to Maryland, but I am an oilfield worker and will be working in Oklahoma. I will technically have Maryland as my home but will be there less than 183 days a year, since I work 14days in Oklahoma and then travel back to Maryland during my off time. My company advised that Oklahoma taxes will be taken out as that is where I will work (and technically live), I should file them (Oklahoma taxes) as a non-resident; and not have to file Maryland state tax as long as I do not claim my wife in Maryland or any dependents in Maryland on my state tax; federally I will still file joint. to be clear there will be no income derived from Maryland and there is no reciprocity clause with Oklahoma or the other oil-field places I may work. Thanks for your response.

    • Tax Advisor says:

      Hi Michael,
      You will file as a non-resident in Oklahoma (the nonresident return will only tax you on the income you earned in that state) and file as a resident in Maryland (considering that is where you live). If you don’t file as a resident in Maryland, you will have to file as a resident in Oklahoma.

  78. Aimee says:

    Hi,

    I started 2013 in New York City (living and working) and then made a permanent move to Utah at the end of April (so, 4 months in NYC and 8 months in Utah). I transferred my same job during the move (same company, just the NYC office to the Utah office). I also got married in July. My husband and I plan on filing jointly. Since he has been a full year Utah resident and I have been a part year, what will I need to file uniquely given my situation and how will it affect our joint return? Also, how do I handle the added NYC city tax as well? Gotta love paying 3 sets of taxes!

    Thanks!

    Aimee

    • Tax Advisor says:

      Hi Aimee,

      Wow, what a year! You can file jointly with your husband for federal tax return and separately for state tax returns. For State taxes, you will have to file a part year resident return for New York and a part year resident return for Utah. When filling out your New York State income tax return, you will fill in your New York City personal income tax information. This link to the New York State website to help http://www.tax.ny.gov/pit/file/nyc_yonkers_residents.htm

  79. Bruno says:

    Hello Advisor,
    I’m DeC 2011, I moves from Florida to CT. Therefor held a Job in Florida for the complete year of 2011. When I moved to Ct I had no job. So in 2012 I filed my federal taxes only but when I entered all the information, I used my new address on my federal forms and entered my Florida address as my previous one. I just received a letter from Ct asking for me to file my back taxes of 2011. I have no state taxes to file since I didn’t work in CT in 2011 and Florida is tax free. Why would they ask me this 2 years later?

    • Tax Advisor says:

      Hi Bruno,
      I would suggest contacting the state of CT about the letter you received. If you lived and worked in Florida for all of 2011, there shouldn’t be an issue. They may have been confused based on your address change. The best thing to do is to contact CT and ask them, this way everything will be sorted out and you won’t have to receive any more letters in the mail.
      Good luck!

  80. Fernando says:

    Hello Advisor:

    I own an LLC in Florida and live year long in Maryland. The income from my company in Florida passes thru my personal income and then: Is it filed in my personal return in Florida (no state income tax for personal) or in Maryland? :-( state income tax….
    Thanks for your time!

    • Tax Advisor says:

      Hi Fernando,
      You will have to file a resident return for the state you live in and file a nonresident return for the state you work in. However, Florida does not have an income tax so you would juts file a resident return for Maryland.

  81. Boris says:

    I moved to Florida 6 months ago…but still owe NY State back taxes…do I still have to pay what’s
    owed to the State of NY?

  82. Tony says:

    I have a home in Arizona. I worked in Arizona until December 2, 2013. I started a new job in San Jose, CA. and am renting a room monthly. I will travel back and forth a couple times a month to Arizona. Do I need to pay Arizona State Tax and NON Resident State Tax for California?

    • Tax Advisor says:

      Hi Tony,
      You will file a resident return for Arizona and a non-resident return for California. This means you will pay taxes for Arizona and taxes on the income you earned in California.

  83. LC says:

    I am completely confused by my tax situation this year. As of 1/2/2013 I live in PA with my fiancé. We will be married in 2014 so for 2013 I will be filing single. However, I have a question regarding proof of residency. I live with my fiancé, in his home with his name on EVERYTHING. My only bills are actually all still in my mother’s name (cell phone, car insurance, etc.) I literally have no mail coming any address with my name on it other than a banking statement. With that being the case, I have been delayed in changing my license from WV to PA, as the DVM is only open 3 days a week and my fiancé needs to physically come with me to vouch for my living with him.

    When it’s time to file my taxes, I don’t know if I still have to file with WV or if I can just file in PA since I have only lived and worked in PA in 2013.

    Lastly, I started the year freelancing and made $6000 in untaxed income for the first quarter of the year. Due to the limited amount I was making, it was impossible to contribute to my household and pay the quarterly taxes, not to mention I could not receive any help with the documentation to calculate the taxes due. This is a poor excuse, but now I have no idea how to remedy this come tax time. Can I just go to a tax preparer and give them this mess or do I need to figure this out before hand?

    • Tax Advisor says:

      It sounds like you will have to file your state return for PA. If you want to get the un-taxed income sorted out before tax season, you can sit down with a tax professional. If you don’t want to do that, you will just report the income on your tax return (you can file these taxes on our website) and then pay the tax due. Considering you only made $6000, the taxes shouldn’t be too high.

      Good luck!

  84. LC says:

    As I understand it, I will likely have to pay a penalty. How is that calculated? I’m most concerned about allocating the funds for the unpaid taxes in time.

  85. JD says:

    Hi, i have a question,

    i live in South Carolina, work 60% of the time in North Carolina, where my employer withholds all the income tax and 30% in Florida and another 10% outside the country.

    My wife does not have any income and we file jointly. Is it right to say that the more i work in Florida the less my tax liability to NC and SC is? Or does SC just dont care where i worked?
    Is anybody familiar with that?

    Thanks

    JD

    • Tax Advisor says:

      Hi JD,
      You will have to file a resident return for South Carolina and a non-resident return for North Carolina. You will not have to file a non-resident return for Florida considering they don’t have an income tax.
      The non-resident taxes you only the income you earned in that state, so if you work more in Florida than you do in North Carolina, yes you will be taxed less because NC has an income tax and Florida does not.

  86. celeste says:

    Hi, I have a quiestion,

    My husband and I lived in Oklahoma from january to august, we both worked there, I only worked there the first 5 months until I had our son, he worked the whole time until we moved to Texas in september, I do not work in Texas. How should we file our taxes? and do we claim our son in both states? we might qualify for EIC but not sure. just want to find out the easiest way to file.

    Thank you!

    • Tax Advisor says:

      Hi Celeste,
      You will file a part-year resident return for Oklahoma and would normally file a part-year resident return for the other state as well, but seeing as Texas does not have an income tax, that won’t be necessary. That means you’ll only have to file a part-year resident return for Oklahoma along with your federal tax return. The part-year resident return only taxes you on your income for the portion of the year you were there. While filling out your part-year resident return for Oklahoma you will enter the information for your child care/ child tax credit.

      Good luck!

  87. mmoz says:

    I worked in IL most of 2012 and then got a job in Texas in Sep 2012. My house and family was still in IL when i moved to a temporary home in Tx. When filing tax, I plan to use Texas as part year residence for the part of the income I earned in Tx so I can get the no-tax benefit, while filing part yer for IL for rest of the year. Note that I only rented an apartment in Tx and did not convert to a Tx driver license by end of the year since we were planning to move to California in early 2013. I am confused about eligibility for claiming part year residency. Do I have to have converted my Driver lic to Tx in order to claim it? Or can I use the residence in Tx as proof?

  88. Deepak says:

    I live in Wisconsin but work at a client in Texas. I travel to Texas every week coming back on weekend. How will my state tax return handled?

    • Tax Advisor says:

      Hi Deepak,
      Normally, you would file a non-resident return for the state you work in, along with your resident return to the state you live in. In your case however, Texas does not have a state income tax which means you’re in luck and won’t have to file a non-resident return. You will simply file a resident return for Wisconsin.
      Good luck!

      • B Foerster says:

        I live in Texas but worked 4 months in Virginia; I paid non-resident tax to Virginia for the 4 months. Since I live in Texas (no state income tax) can I take a deduction for the Vir tax paid – on my Federal 1040?

  89. Mallaurie says:

    Hello. We live in California but my husband worked in Oklahoma for 5 months. They took out taxes from both CA and OK from his pay checks. When the time comes what might we do for taxes? Will we see any full refunds from either state?

    • Tax Advisor says:

      Hello,
      You will file a non-resident return for Oklahoma and a resident return for California. If you were taxed twice, it sounds like you will receive a refund when filing your taxes.

  90. Mallaurie says:

    By the way he lived and worked in OK but the home we own that I lived in is in CA.

  91. Carol says:

    Hi,
    I recently bought a condo in New Jersey but I work in NY. I want to adjust my w4 withholding to take the itemized deduction for state taxes and property taxes into account. Should I put both NJ and NY to be part of the itemized deduction item or only NJ? Thanks in advance.

    Best,
    Carol

    • Tax Advisor says:

      When itemizing your deductions, you should take into account the income taxes you paid to states, cities, or the country. Income taxes you pay to each are deductible on your itemized deduction return.
      Therefore, you should take into account both NJ and NY for the itemized deduction. (The more deductions, the better!) Although the IRS tax season doesn’t start until Jan 31st, you can prepare a itemized deduction (or standard deduction) return for 2013 now on RapidTax. When IRS tax season starts on the 31st, your return would be among the first submitted to the IRS.
      Best of luck!

  92. Cody says:

    I love in Alabama and work offshore in Louisiana for a Louisiana based company. I have no taxes taken out of my check for either state. Last year, Jackson Hewitt said I only owe Alabama taxes even though I work in Louisiana because my company didn’t withold taxes for Louisiana. I am very concerned because coworkers say I need to pay Louisiana even though no state taxes are taken out of check. What do I need to do?

    Thank you,
    Very worried

    • Tax Advisor says:

      Hi Cody,
      Taxes should be taken out of your check. Check with your employer about this. When filing taxes you will have to file a resident return for Alabama and a non-resident return for Louisiana. You are only taxed on income you earned in Louisiana, if you don’t live there.

  93. Rob says:

    My spouse and I worked long distance this year. I worked and lived (bought a house) in California. My spouse lives (rents) and work in NYC. Our situation was this way for the full year, so it’s not an issue of partial years.

    How do we file? Because we own in CA, do we file as residents there and my spouse is a non-resident filer in NYS?

    thanks

    • Tax Advisor says:

      Hi Rob,
      You will file a joint federal return. For state taxes, you will file your taxes in California. Your wife will file a resident return for California and a non-resident return for New York. With the non-resident return, she will only be taxed for the income earned in New York State.

  94. Mikie says:

    Hi, I live in Maryland and I’ve just accepted a long-term, but temporary construction job in Georgia. I’m supposed to start 1-20-2014. I’m filling out the new employee forms and the company provided me with a Maryland and Georgia State Tax Form. Will I have two state tax deductions coming out of my paycheck? I’ve always travelled for construction work. In the past I’ve always been able to pay into Maryland when working in the state or another state that has a reciprocating agreement, or only into the state where I’m physically working. Thanks

    • Tax Advisor says:

      It depends on Maryland’s tax laws. Chances are, if they take out takes for Maryland (in addition to Georgia taxes), then you will probably include that amount on your Maryland resident tax return to receive it back. I would suggest going to the Maryland taxation website.

      Regardless, you will have to file a resident return for Maryland and a non-resident return for Georgia. As a non-resident, you will only be taxed on the income you received from the Georgia sources.

  95. Alex says:

    I live in CA and have rental property in NM. So far I have not made a profit, but in 2013 I did. Do I need to file a NM non-resident return to claim any profit from the rental property? Or just the CA one? If I do file NM, do I also need to pay CA for it as well? This income is only from the rental property (e.g. rent – expenses).

    • Tax Advisor says:

      You will file a resident return for CA and a nonresident return for NM. The nonresident return will only tax you on the income you earned from NM sources. When filing your resident return for CA, you will report the income, but shouldn’t be taxed twice for it. It depends on the CA taxation laws. I suggest going to the CA website to learn more on their specific tax laws for income.

  96. svnh says:

    I am a legal resident of FL (registered to drive and vote in Florida), but I rent and work in Louisiana. I spend equal amounts of time in both states, but only pay rent in LA and (as of the past year) only earn money in LA. Should I still be filing a nonresident return in LA? Am I legally required to transfer my residency to Louisiana even though I spend almost an equal amount of time (money) in FL?

  97. Rebecca says:

    My resident state is MI and over the course of a year I travel for one or two days at a time to CT. This year I worked in CT a total of 10 days. Do I need to file a non resident form for CT for the income earned the 10 days I was there?

    • Tax Advisor says:

      You have to file a non-resident return for CT if your total income for the year, including income earned within and without CT exceeds:

        $14,000 for single filers or
        $12,000 for married persons filing separately, or
        $19,000 for head of household, or
        $24,000 for married persons filing jointly
  98. cody says:

    I live in california and havent worked at all here but i worked in oklahoma and i just had a baby 10/23/13 what do i do?

    • cody says:

      And i moved to cali on july 5 2013

      • Tax Advisor says:

        If you moved during the year, you will have to file a part-year resident return for the states you lived in during the year. That means, instead of filing a resident return for California you would file a part-year resident return.

    • Tax Advisor says:

      Hi Cody,
      You will file your federal taxes and states taxes. For state taxes you will have to file a resident return for California and a non-resident return for Oklahoma. Being a non-resident means you will only be taxed on the income received from Oklahoma sources.
      When filing your taxes don’t forget to claim your child (if no one else is claiming the child).

  99. jamie says:

    i go to school in rhode island and worked at a friendlys while I was here. but over the summer I worked at a friendlys back home in New York. can I file for a tax return in New York for both states with out getting more taxes taken out?

    • Tax Advisor says:

      Hi Jamie,
      You will file a resident return for New York and a non-resident return for Rhode Island. Being a non-resident of Rhode Island means you will only be taxed on the income you received working in Rhode Island.

  100. Amit says:

    I am NJ resident and till June used to work in NY, after which my work location changed to NJ. My HR did not change the location and deducted NY taxes from my salary for entire year. Also they prepared W2 form with NY taxes for entire year

    As NJ taxes are lower than NY, i am paying more in taxes. How can i get money back. Which forms do i need to fill. How can i get W2 corrected

    • Tax Advisor says:

      Hi. If your company is based out of New York, then NY taxes will be deducted. When filing, you will file a resident return for NJ and a nonresident return for NY. As a non-resident, you will only be taxed on the income you received from the New York source(s).

      If your company moved to NJ, they should probably just be taking out NJ taxes now, unless they are based out of NY for some reason. I would check with HR of your company about that, they may have to make some adjustments so only NJ taxes are taken out.

      You’ll have to file a nonresident return for NJ this year (for 2013 taxes). However, if they change the taxation so you are only taxes by NJ for 2014, when you file your 2014 taxes in a year, you will just have to file a resident return for NJ.

  101. Adrienne says:

    Hello,
    We own a house in PA, however we moved to VA in June. My husband and I both worked in PA until then and now both currenlty work in VA. Our PA home is up for sale and we are renting in VA. What specifics do I need to know to file? Where do we file, and how are my home taxes/interest effected?

    Thanks!

    • Tax Advisor says:

      Hi Adrienne,
      Great question. Filing taxes can get confusing, especially if you moved during the year! Anyways, if you moved during 2013 (I’m assuming you did), then when filing your taxes this year for 2013, you will file a couple state returns (along with your federal, of course).
      File a part-year resident return for both PA and VA. Part year returns are usually filled out based on your total income for both states and then your tax liability is pro-rated based on how much income is made in each state.

      PA has a flat rate income tax of 3.07% on individual income while VA’s income tax is 2% on first $3000 of income, 3% on income between $3,001 and $5,000 , 5% on income between $5,001 and $17,000 and ultimately, 5.75% on income above $17,000. Which basically means you’ll end up paying more in income taxes now that you work (and live) on your income aver $5000.

      Next year when filing your 2014 taxes, you will most likely file a nonresident return for PA (reporting income earned on your house sold, etc) and a resident return for VA. In the years following you selling your PA house, you’ll simply file a resident return for VA (and federal return). In either case, you can do so online with RapidTax and our team of tax experts are available for any questions you may have while filing.
      Best of luck!

  102. Tarares says:

    Hi Advisor,
    Me and my wife live in NY. I had couple of questions regarding tax return:

    1. My wife’s company is located in CT but she works at the client location in NJ. Her company is withholding CT state tax. Is it correct, or should they withhold NJ state tax?

    2. I’m working in NY and resident of NY, so my state tax filing is pretty straightforward. Me and my wife have been withholding tax under the category “”Married but withholding at a higher rate”. I just wanted to know which way is better for us to file the tax returns – Joint or Individual?

    Thanks!

    • Tax Advisor says:

      Hi there,
      1. If your wife’s company is located in CT, then it’s most likely correct that they are withholding CT tax.
      2. I would suggest filing a joint federal tax return and separate state tax returns. Considering your wife works in a different state than where the two of you live, it would be a bit complicated to file your state returns together.

      Also, to help when filing state taxes…When your wife files her state return, she will file a resident return for NY and a non-resident return for CT. Non-residents are only taxed on the income received from sources in that state.

  103. Angi says:

    We are SC residents. My husband’s new job requires him to travel so he ended the year working in GA. The company takes out SC taxes. Does he need to file a GA return since nothing was paid there?

    • Tax Advisor says:

      It depends. If your husband’s company takes out GA taxes, he will file state returns; a resident return for SC and a non-resident return for GA. Non-residents are only taxes on the income they earned from sources in that state. If only SC taxes are taken out, only a resident return for SC is needed.

  104. jesus says:

    Hi. My name is Jesus. My question is, if I moved from another state to Arizona, do I get money back from what I spent to get here on my taxes? If so, what form do I need? Thank you.

    • Tax Advisor says:

      Hi Jesus,
      If you moved to start a new job, or to seek work in the new city, you may be able to deduct the cost of your moving expenses from your income (as long as your employer didn’t already reimburse you). These expenses also include the costs involved for packing and shipping your goods along with your travel and lodging costs.
      I would suggest looking at “Form 3903, Moving Expenses”, to see if you can.
      Also, if you moved during the tax year, when you file your taxes, be sure to file part-year resident state returns for Arizona and the other state you lived in.

  105. RJ Benikar says:

    Hello,

    I live and work in NC, working remotely from my home for a consulting company out of NJ with clients in NYC. I am a W-2 employee, and recently I have received 2 x payments in which the employer has withheld NJ state taxes instead of the correct NC state tax. I don’t get a warm feeling from the partners ( company owners) that they know what they are doing, nor their Indian based offshore staff really understand my concern ( NJ tax is substantially more than NC, there are even more tax line items in which additional types of NJ taxes are taken out than what one would see or expect in NC).

    What should I do. I have asked them to correct it, only to get a dance around that they will have their payroll people look at it?

    If they don’t fix it, is there a way I can contact the IRS, explain which state I really only live and work in and that I don’t even step foot in NJ, and then have them adjust, and allow me to file with my state without the employer doing anything? Basically, Assume that the employer in this case either doesnt know what to do or wont do anything to fix it.

    Thanks,
    Raanan

    • Tax Advisor says:

      Hi RJ,
      If they are taking out NJ taxes and based in NJ, that is correct. If you work in New Jersey and live in another state, you need to pay taxes on the income earned from sources in that state (unless you live in Pennsylvania). You’ll have to file a resident return for NC and a non-resident return for NJ. As a non-resident of NJ, you’ll only be taxed on income earned there.
      On your resident return, you’ll list all sources of income, including what you earned out of state (in NJ). On your non-resident return for NJ, you’ll list only income you made from that state. In most cases, your resident state, will allow you to claim a tax credit for taxes you paid to your non-resident state (NJ).

  106. kanp adman says:

    Hi
    I am resident of IL and beginning Jan 2013 I purchased couple of homes and rented in MI. Though this was in my name, my wife took care of these homes in maintaining and collecting the rent and spending most of the time more than 200 days in MI. So can my wife file her tax separately in MI and I with my 2 kids file tax in IL.. Since I work in IL and kids reside with me. My wife intends to move to MI, subsequently and I may too after year or so. What is the best way to file our federal and state tax returns. Please advice. Thanks in advance.

    • Tax Advisor says:

      I would suggest filing separate state returns. Since you have income coming from MI sources, you’ll have to file a non-resident return for MI (along with your resident return for IL). As a non-resident of MI, you’ll only be taxed on income received from MI sources.

      If your wife has income from MI sources also, she can file a part-year resident return for MI (and IL), considering she moved during the year.

      For federal return, it doesn’t matter. Remember, there are more tax incentives to file jointly. However, you can file federal return as “married filing separately”. It’s up to you.

  107. Stacey says:

    Hello!
    I worked at a major retail chain in Michigan in 2012 then transferred to a different store in Minnesota in the middle of 2012. That year I filed taxes accordingly.
    I noticed about halfway through 2013 that taxes were still being taken out for Michigan even though I had not lived there or worked there in about a year. I was able to contact my employer and have them stop taking taxes out for Michigan, but I am stuck now at tax time. I did not work or live in Michigan at all in 2013 but I have quite a bit of state taxes removed. How do I file in this situation?

    Thank you so much :)

    • Stacey says:

      I should add that taxes were being taken out for both Minnesota and Michigan until about mid-2013 until I called and had them stop taking them out for Michigan.

    • Tax Advisor says:

      Hi Stacey,
      That must have been pretty annoying for you! Anyways, you did everything right. I would suggest filing a non-resident return for Michigan, that way you can receive a tax refund. Also, report the Michigan taxes paid when filing your Minnesota resident tax return.

  108. Elizabeth says:

    In late December ’13 I moved from a state where there is not state income tax to a state where there is. I ended my job before I moved, but I received my final paycheck in January ’14. Since I was technically a resident of my new state at the time I received the paycheck (but not during the time I did the work), will I need to pay state taxes on that income in my new state when I file my 2014 taxes? Should I file as a full- or part- year resident for 2014?

    This is different from the common “I live in one state but earned income in another” situation, as I was a legal resident of the state in which the work was performed but when the check was received, I was not.

    Thanks,
    Elizabeth

  109. Giorgio says:

    I have a home in Pittsburgh and my wife lives there , I work in Maryland and go home on week end .
    Which tax should I file ? Also does turbo tax qallow me to file the tax for dfferent states ?
    Thank you
    Giorgio

    • Tax Advisor says:

      Hi Giorgio,
      You can file taxes for multiple states on our website, RapidTax.com

      You will file a state resident return for Pittsburgh and a non-resident return for Maryland. As a non-resident of Maryland, you will only be taxed on income received from Maryland sources.

  110. Carlos says:

    Hi,
    My name is Carlos, if my wife was working in California and getting deducted CA state taxes but is a resident of Texas, will she get all that money back since Texas doesn’t pay state taxes? We were both living in California because I’m in the Military.

    • Tax Advisor says:

      Hi Carlos,
      Thanks for serving our country.

      Considering you are in the military, she might not have to pay taxes on the California income, under the Military Spouses Residency Relief Act. This is true if the following are true;
      1.Both you and your spouse have the same resident state.
      2.You were stationed, in compliance with military orders, in a state (in your case, CA) that is not your resident state
      3.Your wife is in that state (in your case, CA), solely to live with the service member

      Under these requirements, once you are no longer stationed in California, your wife no longer receives this and her income from CA will be taxed for the time you are not stationed in CA. That means, she would have to file a non-resident return for CA for the income she received at that time. The California website has more information about the MSRR Act.

  111. Milu says:

    I used to live in NJ and moved permanently to Texas during middle of 2013. My employer is continue to deduct taxes for NJ. Since Texas is non tax state, how do I file and get back the taxes i paid to NJ for the second half of 2013. Though i have update my Texas address through W4 form, my employer is still keeping NJ as my tax state and deducting the taxes for 2014. I live(own house) and work(mostly work from home) from Texas. Are there any issues if II don’t update the tax state to Texas.

    • Tax Advisor says:

      Hi Milu,
      If your income is from a NJ source (if your still working for that NJ company, while living in Texas) you still have to pay non-resident taxes. That means, the income received from NJ sources will be taxed. Your employer is correct to continue to take out NJ taxes. That means, when filing your taxes you will file a non-resident state return for NJ.

  112. Al Ramirez says:

    Hey, my wife and i lived and worked in MS from the beginning of the year until the first week of may that we moved to texas. I was deducted state taxes for my job up until that first week of may. I still work remotely for the same company but when i received my w-2 form it only shows all my income was earned in texas. What should i do? It doesnt even show the deductions me to ms state taxes at the beginning of the year. Thank in advance.

    • Tax Advisor says:

      Hi Al,
      You will have to file part year resident state return for MS. Texas does not have an income tax so you will not have to worry about filing a state return for the tax free state.

      If your income is from a MS source, you should have been continued to be taxed MS taxes after your move. Non-residents are taxed only on income received in that state. I would check with your employer and ask why your W-2 form doesn’t show the MS taxes you had taken out until May, as it should.

  113. cheryl says:

    I live in Tennessee I’m thinking of taking a job in Virginia Tennessee doesn’t have state taxes so I’m a little confused about what I would pay next year Virginia has state taxes if I understand this right I wouldfile non resident for Virginia state taxand then my regular fed is that correctand would I still be able to use Tax Act or would I have to get a professional to do it thank you

    • Tax Advisor says:

      Hi Cheryl,
      Yes, you would file a non-resident return for Virginia. Your income from Virginia sources would be taxed. I am not sure how Tax Act works regarding non-resident returns. However, our website RapidTax.com allows you to do this while filing your taxes.

  114. CA says:

    I rent a home in Illinois and work in Illinois, however I own a home in California that I rent out to tenants. Do I file taxes in both states?thank you

    • Tax Advisor says:

      Hi,
      Yes, you will file a resident return for Illinois and a non-resident return in California. As a non-resident, you will only be taxed on income earned from CA sources.

  115. MG says:

    Hi Tax Advisor,

    I must express my Thanks to you for the great advise you provide on this page. Keep up the excellent work!

    Let me explain my situation:
    1. I work from home since last two years. On January 10, 2013, I moved from IL to SC. However, I continued my “Work From Home” employment from SC. My employer still had my IL residence address on file throughout the year 2013. Hence my employer withheld IL Tax for the entire year. In short, I stayed in IL only for 10 days in 2013, but all my tax was withheld with IL and not with SC.
    2. My wife also moved from IL to SC on the same date with me. She got a transfer in her employment from IL to SC. She started working in SC (physical office), but her employer also continued to withhold only IL taxes for her. That means, she also stayed in IL only for 10 days but all her taxes were withheld with IL state only.
    3. I started a second low-paying (part time) job in SC and worked for 5 months. My employer (of second job) withheld taxes in SC (naturally!) for the income earned in that job. This way I do have some taxes withheld with SC state too, not significant though!

    How do I go ahead with filing the taxes? I’d prefer filing joint return since the residence for me and my wife has been same throughout the year.

    Thanks in advance!

    • Tax Advisor says:

      Hi MG,
      Thanks for the compliment, it means so much!
      Anyways, regarding your situation….
      1. If IL taxes were withheld, I suggest filing a non-resident return for IL and a resident return for SC and be sure to report the income.
      2. If your wife’s company is based out of IL, it might explain why they are withholding IL taxes, rather than SC taxes. If not, I suggest doing the same for your wife’s taxes (state non-resident return for IL and a resident return for SC).
      3. When filing your resident state return for SC, be sure to include your second job’s income.

      Also, I would suggest talking to your employer along with your wife’s employer regarding the state taxes being taken out. If both are SC companies, only SC taxes should be taken out (not IL taxes). If this is changed, you will only have to file your resident return for SC next year.

      You can file married filing jointly. If filing on our website, our application gives you the option to add states which you earned income from (other than your resident state). It’s pretty straightforward.
      Best of luck!

  116. Reb says:

    Hi,
    We live in the state of PA for the whole 2013. We have a rental property in TX. Does PA tax our rental income even if it’s not earned in PA?
    Thank you,
    Reb

  117. Nicole says:

    Hi,
    I lived in Illinois my whole life. But recently, the summer of 2013, my mom and I decided to move to Indiana. I worked at McDonalds in Illinois for 5 months, in 2013. I don’t have an address of my owanyn to get it sent to. And I would like to file before my mom tried to claim me. Is there any other solutions to get my w2 form offline?

    • Tax Advisor says:

      Hi Nicole,
      Your mother has the right to claim you as a dependent if the qualifying child requirements are met. If she doesn’t meet the qualifications, you’ll need your W2 form. I would suggest calling the McDonalds you worked for and asking for the W2 information.

  118. Ashley says:

    Hello,

    I worked and lived in NC from Jan – Dec 9th 2013. On Dec 9th 2013 I moved to Michigan. I did not work in Michigan through December. I would like to know how I need to file.

    • Tax Advisor says:

      Since you did not work in Michigan in 2013, you do not have Michigan income to report. Therefore, you should file a state return for NC and next year, if you are receiving income only from Michigan sources in 2014, you’ll file resident Michigan taxes.

  119. philip says:

    Hi..I live in Maryland with my wife but she works in Delaware and I work in Maryland, can we file a joint federal return and separate state returns? Thanks for any information you can give me.

    • Tax Advisor says:

      Hi Philip,
      Yes, you can (and should) do exactly that. Your wife will file a resident return for Maryland along with a non-resident return for Delaware. As a non-resident she will only be taxed on income earned form Delaware sources.

  120. Jay says:

    Hello, I had been a Virginia resident all my life. I am also employed in Virginia by two jobs. In May 2013, I moved to MD and continued working those two jobs in Virginia. On one of my jobs, the state on my W-4 was never switched over to MD. I had been paying taxes to VA, even after I moved to MD, from May to Dec 2013. What do I have to do to correct this? Will I be charged pentalty/interest for not paying to MD? Can i get my money back from VA?

  121. karan says:

    I have lived in brooklyn,NYC for almost 10 months(jan-oct). In these 10 months , i have worked for a company in brooklyn for 5 months(Jan-May) . In june i got a new job in a company loacated in NJ. In Nov, i moved to NJ and i currrently reside there.
    The second company has given me 2 w2′s. I am not sure how should i file my state returns.please help!

  122. Tara says:

    Hello,
    We live in Alabama. My daughter is a full time college student in Georgia. She is renting a house in Georgia. She has a job in Georgia (earned 4783). She also had a job in Alabama (earned 141), while home on winter break. When I tried to do her tax return online. Alabama wants her to pay state tax and it is the amount Georgia wants to refund her. This doesn’t make sense to me, because her income is so low.
    Questions:
    1. Should she live in Alabama or Georgia?
    2. She earned 140.63 in Alabama and paid 0 of state income tax. Does she have to file Alabama taxes?
    Thanks,
    Tara

    • Tax Advisor says:

      Hi Tara,
      Considering your daughter is in Georgia for college, she is still considered an Alabama resident. If your daughter is considered a Alabama resident, she will have to file a resident return for Alabama, reporting all income. She will also have to file a non-resident return for Georgia. As a non-resident she is only taxed by Georgia on income earned from Georgia sources.

      If she is reported as a resident of Georgia instead (which means you wont be able to claim her as a dependent), she won’t have to file Alabama taxes because her income as a non-resident is not over $1500.

      • Tara says:

        Thank you so much!! You saved me!!! I almost took the easy way for her (moving her to Georgia), not realizing how it would impact me. Since we pay for her college education, I am keeping her as a dependent.

  123. Mel says:

    I moved from Texas in 2012 and am going to school in Ohio and lived in Ohio all year 2013 for that purpose. However, I still maintain my Texas Driver’s License and Vehicle registration. I went home for Christmas break 2012 and worked at my old job in Texas – they took out Ohio state taxes because that is where my address is. I currently work in West Virginia and am filing a nonresident WV state return but am not so sure on the Ohio return – it says that if I lived in Ohio all year I would be considered a resident, but I believe I would still be considered a Texas resident, so do I file as a nonresident since I am only in Ohio for school purposes? Thanks!

    • Tax Advisor says:

      Hi Mel,
      Considering you are in Ohio to go to school, you are still considered a Texas resident. You will file a non-resident return for income received from Ohio sources and report the Ohio taxes taken out from your job. You are correct to be filling out a nonresident return for West Virgina.

  124. MARCIA FERY says:

    we live in Illinois but my hubby works in Iowa and I get disability what state should we file in and should I file married file separately since all I get is disability.

    • Tax Advisor says:

      You can file a jointly. Your husband will have to file a state non-resident return for Iowa (in addition to resident Illinois return). Iowa non-residents are only taxed on income received from Iowa sources.

  125. Amy says:

    Hi,

    I lived in WA state until October, 2013. I lost my job in WA in July. I collected WA unemployment, and continued to do so after I relocated to HI. I didn’t work in HI at all, as I am still trying to find a suitable job. Being that I collected unemployment from WA, and didn’t earn a dime in HI, do I just file a federal return (WA doesn’t do a state return) and forego filing anything for HI?

    Thanks!

  126. Carissa S says:

    Hello,

    I am in the Reserves. I was a partial resident of MN, a partial resident of NE, and a nonresident of NC (rental property) for 2013. For some reason when I try to fill out the tax forms on a program, I end up owing tons of money on state taxes even though I was unemployed for half of the year. Any tips on what I might be missing?

    • Tax Advisor says:

      Hi Carissa,
      First, are you sure you indicated you are in the Reserves for each state? Second, be sure you reported all income information for each state. I suggest seeing if the tax due adds up to the same amount on a different program. You can do so with us, create an account on our website, you can get started with your return for free. That way, you can see if our website program gives you different results. There may be a small issue in their website’s development causing the issue.

  127. sean says:

    Hi I am in the military currently and have a truck registered in north carolina and live in North Carolina but am a resident of Georgia how do I file taxes?

  128. Maureen says:

    Hello,

    My husband and I were both discharged from the navy this past May. We own a house in NY, but moved to TX before being discharged. Being military, we used our home of record for state taxes, so we never paid NY income taxes. My question is this; we began renting our home out in May. We’re renting it for well below the mortgage and are taking a loss. Are we supposed to file a NY Income Tax Return now that we’re getting income from our home? Is there any cut off of the amount needed before requiring to file? And, not to be a pest, do you know the rate for the taxes if we have to pay? Thanks for the info.

    -Maureen

    • Tax Advisor says:

      Hi Maureeen,
      Regardless of it being a loss, you have to report non-resident or part-year resident rental income. That means you’ll have to file a non-resident return or part-year resident return for New York reporting your rental information.
      NY Income Tax Rates are dependent on a variety of factors. Here is a link to the NY State Dept of Taxation website so you can learn how much you will be taxed.

  129. Susan says:

    I live in MA and work in CT. I got 2 W2 forms from my employer one with my federal information and CT state taxes and one with just my MA state tax information *(ive been getting a large amount withheld for MA taxes to avoid paying at the end of the year) when I enter the information as 2 W2′s it tells me that I am earning twice my actual income and taxing me thusly, (even after taking out the CT credit) Should I be entering my income again in line 16 for both CT and MA? I’m quite lost actually….

    • Tax Advisor says:

      Hi Susan,
      You will file a resident return for MA and a nonresident return for CT. As a nonresident you will only report income earned from that nonresident state’s sources. Our website is designed to easily guide customer’s that have situations like this, by having you simply click a box saying you earned income outside of your resident state (then filling in your W2 info).

  130. Aida says:

    My husband works in nyc the whole year, but i staye with the kids in California. Do we have to declare taxes in both States?

    • Tax Advisor says:

      Hi Aida,
      If your husband’s income is from New York sources, he will have to file a non-resident state return for New York along with his resident return for California. You can still file a joint federal return.

  131. Veer says:

    Dear Tax Adviser,

    I am a Resident of NC and my wife is a full-time student with stipend in Upstate NY.
    We are trying to file a joint federal.
    For the NC state, I was able to see that I can file a joint return with me being a resident of NC and my wife being a Non-resident.
    I am taxed only for my income.

    For the NY state filing, my wife has been a full time resident there and still NY is taxing on our entire income.

    I am confused whether we should be doing our states as “Married Filing Separately” for NC an NY
    or
    File Jointly for NC by me being resident and wife a non-resident and for NY..my wife doing a “Married Filing Single”.

    Can you please suggest what could be the best approach.

    Thanks much !

    • Tax Advisor says:

      Hi Veer,
      For your state returns, I suggest filing as married filing separately. Your wife will file a non-resident return for NY and a resident return for NC, if her NC address is her primary address. In that case, only her income from NY sources will be taxed on the non-resident return.
      You will simply file a resident return for NC and you can file a joint federal return.

  132. Mandy Ward says:

    Hello,
    My husband and I are legal residents of NC and own a home in NC. My husband works in OH and ended up buying a home in OH and commutes back to NC on weekends. His employer takes OH state taxes out. Do we file as non-resident of OH and resident of NC? Will we owe taxes to NC?

    Thanks,
    Mandy

    • Tax Advisor says:

      Hi Mandy,
      Your state of primary residence, where you would file a resident return is determined by the state which you spend the most time out of the year in. With that said, your husband would file a resident return for OH while you would file a resident return for NC. (You can file separate state returns and file a joint federal return.) Your husband will also most likely also need to file a non-resident return for NC along with his resident return for OH.

  133. Mark says:

    Greetings,

    I moved my elderly mother permanently from Colorado to California in August, her income is from social security, some mutual funds and a pension from where her husband worked in Colorado. Seems she needs to pay Colorado state taxes, but should she also submit a partial return for her move to California? Thanks!

  134. Wes says:

    My wife works in South Carolina but lives in North Carolina. I work and live in North Carolina. When we file our taxes on Turbo Tax, it says we owe money to NC but we get a refund from SC. Does this sound right?

    • Tax Advisor says:

      Hi Wes,
      Is your wife filing as a resident of NC and a non-resident of SC? She will have to. She should be taxed by SC only on her income earned from SC sources. Regarding the money you owe to NC (and SC refund), the taxation depends on your state laws and your other tax information. Since I don’t know all the details of your tax filing (how many exemptions each of you claimed and other tax info), I wouldn’t be able to say if that sounds right or wrong and mislead you.

      As long as your wife is filing a non-resident return for her SC income, along with the resident return for NC, you should be fine!

  135. fernando says:

    I lived and worked in california for the beginning of the year then moved to nevada for the rest the year and worked there. Never becsme a resident in nevada. Now im back in california. How do i file my two w2s ones from california and the other is nevada?

    • Tax Advisor says:

      Hi Fernando,
      Nevada does not have an income tax, you won’t have to worry about filing a Nevada state return. You will file a resident return (or part-year resident return) for California. If you spent the most time in California during the tax year, you will file a resident return for California.

  136. Amber says:

    I lived in Virginia for half of 2013 and earned income there. Then I moved to New Jersey and have not had a job for the last six months. Do I need to file part-year resident returns in both states even though I earned no income in NJ?

    • Tax Advisor says:

      Yes, you will have to file a part-year resident in both states.

      • Amber says:

        Thanks for the advice. How is my situation different from Ashley above who said:

        I worked and lived in NC from Jan – Dec 9th 2013. On Dec 9th 2013 I moved to Michigan. I did not work in Michigan through December. I would like to know how I need to file.
        Reply
        Tax Advisor says:
        January 27, 2014 at 5:22 pm
        Since you did not work in Michigan in 2013, you do not have Michigan income to report. Therefore, you should file a state return for NC and next year, if you are receiving income only from Michigan sources in 2014, you’ll file resident Michigan taxes.

        Is it just that I have lived in NJ too long to not file, even though I have earned no income here? Like Ashley, I have no NJ income to report.

  137. Michael O says:

    I lived in NY the whole year but received unemployment at different times from NY and pa. On the 1099-g from pa it does not have a state tax withheld just taxes withheld. I am trying to use tax act to do my taxes but it seems like something is missing it showed 0 for everything related for pa. Is there a specific form I should be using?

  138. Dan says:

    I live in NH from Jan to July, while working in MA. In August I bought a house in ME, while still working in MA. So I have to file a patril resident in NH from Jan to Aug… then a part year resident in ME from Aug to Jan right… Can I get a credit for the taxes paid to MA on my Maine return… I have heard double taxing can be extremely complicated.

    • Tax Advisor says:

      Hi Dan,
      Yes it can be very complicated. However, the state section of our website is specifically designed for situations like yours. Basically, there will be boxes that you can check if you received income from additional states or were a part-year resident. Then, you’ll follow the guided instructions and enter that income.
      When you are filing on your own is where it gets complicated. You will simply follow step-by-step on our website and will receive the maximum refund possible.

  139. Don says:

    Hi,
    My wife and I relocated permanently to Arizona in Oct of 2012 from Massachusetts. My wife was employed in Az soon after we arrived until Dec 31, 2012 when she was laid off.
    She collected unemployment from Massachusetts beginning in Feb 2013, (because she was not in the system yet in Az), until she got her new job here in Az in March of 2013.
    We received a 1099-G from Mass for the amount of unemployment received. How do we handle the 1099-G with regards to taxes for 2013? Do we need to file a State tax form for Mass even though we were not residents, or just include the unemployment on our federal return?

    Thanks for your help!

  140. Aileen says:

    I live and work in NH my husband lives with me in NH but works in MA. MA has an income tax. When filing the out of state form they look at the federal tax return and take that amount as income. My income that I earned in NH is taxed along with my husbands how do we fix that

    • Tax Advisor says:

      Hi Aileen,
      If you are a nonresident of a state and work there, you will be taxed as a nonresident from that state and need to file a nonresident return.
      That means in your case, your husband will need to file a nonresident return for MA. As a nonresident of MA, he will only be taxed on his MA income.
      Your NH income should not be state taxed. You still have to pay federal taxes, but not state taxes for the NH income.

  141. Stephanique says:

    Hi! So my question is if I dint file my taxes last year n I worked in another state for about a year and a half then moved to GA from NY. 1- how would I file
    2- could I do efile
    3- I also just had a child

    • Tax Advisor says:

      Hi Stephanique,
      For the state you lived in, you file a resident return. If you moved, you file a part-year resident return for both states. If you earned income in a state you didn’t live in, file a non-resident return.
      2. You can not e-file prior year returns. You can only e-file current year returns. With that said, you can file your prior year return with us, you will simply submit your return, when it’s available for download, print it and mail it to the IRS. (Also, our site is designed for those who earned income from their non-resident state or for those who moved, to easily fill in the state(s) information).
      3. If you had your child during 2013, you can claim your child on your 2013 taxes.
      Hope that helps!

  142. Cassi says:

    In 2013 I lived and worked in Minnesota until October. In October I moved to California. I did not work at all in 2013 in California. I tried filing a part year return for Minnesota and it was rejected with Reject Code 6 saying “Transmitter is not authorized to send this type of return/transmission.” What type of return do I file for Minnesota?

  143. Paul EL says:

    I help my son (MN resident) file his Fed & MN taxes. For 2012 his company had him working in IA on a couple of jobs (directional boring). His 2012 W-2 had MN & IA state information. However, the IA state ID was their fed ETIN and the earnings amounts did not total box 1. We filed MN resident and IA nonresident. This year he DIDN’T work in IA, but his W-2 is just like last, showing IA w/h state tax. What’s up? Is the employer using an apportionment method that doesn’t look at the employees physical working locations? Can the employers federal ID be used as a state ID? Shouldn’t the two states wages don’t total W-2, box 1?

  144. Victoire says:

    Hi Tax Advisor,
    We really need your help.My husband and I are G4 visa.
    During 2013, we lived in DC, from January 17 to August 11, when we moved in VA.
    My husband got a job in NYC and has been working there since September 12 (actually, he works 2 days in NYC and 3 days in NJ)
    We are a little bit lost in the way we have to fill our tax retuns..
    Any help will be very appreciated.
    Many thanks

    • Tax Advisor says:

      Hi Victoire,

      You will file a married filing jointly federal return. For your state taxes, you will file a part year resident return for DC and a part year resident return for VA.

      Your husband will also file a separate nonresident return to the state(s) where he receives income, but does not live. If he receives his NYC income from only NYC, then he will file a non-resident return for New York. If he receives his income from both NYC and NJ sources, he will file a nonresident return for both NYC and NJ. As a nonresident, he will only be taxed on the income received from that state’s sources.

      If you are filing your taxes on our website,RapidTax, you will notice under the state section, we have designed our website to be very clear about this confusing topic. Basically, you will just check a box saying you lived in more than one state, and then enter the time period you lived in each state. You will also have the option there to check a box saying income was earned in a state that you did not live in and then will report the income for each.

      Hope that helps! Best of luck.

  145. Musa says:

    Hi, I am a resident of PA, but recently got a job in MA, I don’t intend to change my residency because it’s going to be part time so there’s going to be a lot of back and forth. Will I file both my returns in PA or separately ?

    Thanx a bunch

  146. Scott Newell says:

    I have a question. I lived in NH and worked in MA for part of the year. I also am the beneficiary on my mom’s pension, I get a monthly payment. When I enter the information from the 1099R form Ma taxes me on that amount. Why can MA tax me on income when I live in NH?

    Scott

    • Tax Advisor says:

      Hi Scott,
      If you are a nonresident of a state and work there, you will be taxed as a nonresident from that state. That means you will have to file a NH resident return and a MA nonresident return. As a nonresident of MA you will only be taxed on your income received from MA sources.

  147. Lisa says:

    Hi there,

    My husband and I currently live in WA. I am planning to move the kids and myself back to CA in July. My husband will still live in WA and visit us a few days a month (less than 6 months a year). Would we have to pay CA taxes because we would be living in CA regardless if my husband lives and works in WA? Thank you !

  148. Lisa says:

    Hi there,

    My husband and I currently live in WA. I am planning to move the kids and myself back to CA in July. My husband will still live in WA and visit us a few days a month (less than 6 months a year). Would we have to pay CA taxes because we would be living in CA regardless if my husband lives and works in WA? Thank you for our help.

    • Tax Advisor says:

      Hi Lisa,

      When trying to figure out if you are considered a resident or non-resident of a state, whatever state you were in for the longest amount of time during the tax year, is your resident state. Therefore, when you move to CA, if you are there more than 6 months out of the year, you would file a resident return for CA. If your husband is in WA for more months than he is in CA, then he would file a resident return for WA and if he has income from CA, a nonresident return for CA.

  149. Brenda says:

    My husband and I are are residents of Texas, but he worked in Georgia for part of the year and GA state tax was taken out of his check while he was there. I know I have to file a state non resident return with Georgia, but not sure if I can claim anything for Texas since they don’t have a state return. How would this circumstance be handled?

    • Tax Advisor says:

      Hi Brenda,
      As a non-resident of Georgia, he still has to pay the tax on his income earned from Georgia sources, and will not get this money back from Texas. That means, there will be nothing else to do for Texas, considering he does not have to report his income to his resident state, since it is a tax-free state.

  150. Jayme says:

    I have a question. We lived in Oregon for all of 2013, but my husband flew out to Virginia for a new job in November. He was still a resident of Oregon, so he claimed exempt and no state taxes were taken out of his paychecks. We officially moved in January. My question is..do we even have to file a return for VA? Can’t we just file OR?

    • Tax Advisor says:

      Hi Jayme,
      Your husband has to file a resident return for Oregon, he also needs to file a non-resident return for Virginia, reporting his income from Virgina sources. If you moved to Virginia in January of 2014, then you next year, when filing your taxes, your husband will only need to file a Virgina state resident return (as long as he doesn’t have income from other states).

  151. Dan says:

    I work in Rhode Island and live in Connecticut. My state taxes were taken out for Rhode Island ( non-resident form ) and I owe Connecticut an amount that exceeds the amount that I am getting from Rhode Island by approximately $90. I thought the amount received from Rhode Island would credit against the amount owed to Connecticut, leaving me a $90 tax bill. Not so. Am I calculating the taxes incorrectly?

  152. Alex says:

    I am using tax software and I work in New York and live in New Jersey. My wife works and lives in New Jersey. Under New Jersey law I have to file jointly. When starting my return using only my information from my w2, New York owed me money. When I adding my wife’s info it states now I owe money to New York. I don’t understand how this happened as my wife works and lives in New Jersey and made no New York income so why is her w2 affecting what New York owes me?

    • Tax Advisor says:

      Hi Alex,
      You are right, if you are a resident of New Jersey, your wife’s income should definitely not affect your refund from New York. Check with the tax company about this, it may be a glitch in their tax software, or you could be entering one of the state information in the wrong spot.

  153. Josh says:

    Situation is this individual, who resides in MA, is retired from a company in CT but still receives stock options and restricted stock units as part of a compensation package, should he be taxed on these for CT and MA or only CT, as the company is headquartered in CT?

  154. sk124 says:

    I live and own a house in Washington, but I’ve worked in California since February..but I fly home biweekly… am I considered California resident? Please advise?

    • Tax Advisor says:

      Hi, your a resident of the state you spend the most time in. Sounds to me that you are a resident of Washington and a non-resident of California. That mean’s you’ll have to file a non-resident return to California. As a non-resident you are only taxed on income earned from California sources.

  155. Jeff says:

    Hello, I am in need of a little help with my state return. My wife and I got married in June 2013, she was living in NV for half the year (before we got married) and moved to AZ to be with me (once we got married), since she’s been in Arizona (the 2nd half of the year July 17th-current) she hasn’t worked. I was able to to do federal return (married filed joinly) rather easily but I’ve run in to trouble doing my AZ state return. Since she lived in NV when she worked she didn’t pay any state taxes so do I need to report her income on my AZ state return? How do I go about not including her income (if possible) on my state return. I normally get a state refund but I noticed when I was doing the state return for 2013 (doing it online) her income was already included in the total amount, so it’s saying I owe the state $130. Is there a way to avoid having her income included on my state return?

    Thanks for any help that’s given. Much appreciated in advance.

    • Tax Advisor says:

      Hi Jeff,
      You should probably file separate state returns. She would file a pat-year resident return for AZ, and would not have to file a return for NV considering there is no state income.
      You would file a state return for AZ and simply report your income considering you are married filing separately. If you decide to still file your state returns together, that’s also okay, although, as you noted, AZ will tax you as a resident on all income received from all sources (meaning it includes NV).

  156. Jeri says:

    I have a somewhat (or maybe not) complicated situation. I was fired from a job in NYC in 2009 and since I could not afford to remain there moved back to Kentucky. For that year, I received income from work and unemployment benefits from NY. I filed a Federal tax return and a New York state tax return for that year. I just recently received a notice and a very large bill for taxes owed from Kentucky. When I called to question this, I was told that in all circumstances taxes must be paid to the home state. Now in 2010, I paid penalties to the Federal government, New York state, and Kentucky when I was told that unemployment benefits were subject to taxes (I was unaware of this). When I contacted the NY Dept of Taxation they clearly told me they were owed but the KY Dept. helpline never gave me a clear answer since no income came from KY sources and only included unemployment benefits. Despite this, I filed taxes in Kentucky as well because I was scared to owe when I lived the entire year in the state. To be honest, I totally forgot about the 2009 taxes. What is my recourse for this situation? I’m neither an accountant or tax attorney so I don’t know the ins and outs of tax laws but shouldn’t KY have caught this back in 2010 when I filed the other delinquent taxes? Also, can I file a late return and claim the taxes paid to NY or at least dispute the fees and penalties for this bill?

    • Tax Advisor says:

      Hi Jeri,
      Since you moved back to Kentucky in 2009, it sounds like you were a resident of Kentucky for that year. Saying that, you were required to file a part-year resident return for Kentucky, reporting all income you received (regardless of earning it in that state or other states). They should have caught this back in 2010, as you mentioned, although I do not know the exact state tax laws for all states.
      I would file the late return as soon as possible and be sure to note the taxes paid to NY in the tax return. You should file the taxes as soon as possible because any tax due or late fees will continue to increase as time passes.
      You can file prior year tax returns on our website, simply go to the create an account page on our site and select the 2009 tax year from the drop down menu. You can get started right away. While filing, if you have any questions at all, you can contact our RapidTax experts via phone, e-mail or live-chat at the available hours.

  157. Daniel says:

    Hi Tax Advisor,

    My Thanks to you for the great advise you provide on this page. Learned a lot!

    Quick question.

    Year 2013:

    Worked in NY for whole year.

    Lived in NJ from Jan to March and move to NY and lived since then.

    I own the house in NJ and rented out to a tenant. and income from this property.

    Should NJ part-year resident and NY Fullyear resident?
    or Part-year for both state?

    and

    another question,
    I am selling and closing my house next week. and I am going to move back to NJ next month, still working in NY. Is this the same case? Part year for both states? or…..

    Please, advise.

    and thanks in advance for the advice.

    • Tax Advisor says:

      Hi Daniel,
      Thanks for the kind words. Happy to hear you learned a lot. Regarding your 2013 question, you’ll file a part-year resident return for both states.
      If you are selling your house at the beginning of 2014, then next year, for your 2014 taxes, you’ll file a resident return for NJ and a non-resident return for NY. You’ll be taxed by NY on your income earned from New York sources only. Residency is usually based upon the state you spent the most time in during the tax year.

      Our website application is actually designed for situations like yours. Basically, when filling out the state section, you will check a box saying you moved during the year and received income from another state. Thanks to this, your state tax filing will be hassle-free.

  158. Dennis says:

    Hello! I moved to Georgia from Wisconsin September 2012! When I filed taxes last year I was suppose to receive $1,500 in state taxes, I never got it! I lived in Wisconsin for 9 1/2 months & in Ga for 2 1/2 months! I don’t understand why I didn’t get my earned income money! All they said to me in the State of Wisconsin is it’s because you moved!! I don’t understand that because I lived there longer! And are there any renter deductibles or credits for renters in the state of Georgia?? I can’t find any forms, in WI if your a renter you get the homestead forms at any library! Thank you

  159. Stephanie says:

    I moved to nyc in october of last year … i did not work in california would i need to file a state return with them?

  160. Brian says:

    My son is attending college in MD and we are MD residents. My son interned in FL for 4 1/2 months, with his FL address (that he paid for – withheld from paycheck) on the W-2.
    No state income tax in FL, so none withheld. He had earned income in MD, as well. Does anyone know how to treat the income earned in FL? Does he owe MD tax on that income? Does he need to file a part time FL return? Will his return for MD be part time?
    Thanks for any help.

    • Tax Advisor says:

      Hi Brian,
      If you are son is listing his primary address as Florida, he would be considered a Florida resident and not pay income tax on the FL income (since FL does not have an income tax). In that case, he would file a non-resident return for MD, reporting his income received from MD sources, and would be taxed online on that income.
      If your son lists his primary address as MD, he will have to report all of his income received (both MD and FL income) on his MD resident return, and probably will be taxed on all of it. In this case, he won’t have to file a non-resident return for FL (because there is no income tax).
      As you can see, depending on where he lists his primary residence as will determine his tax situation.

  161. jay says:

    If I live in Connecticut but own a rental in California am I required to pay state income tax to CT on the Cal rental? I have no problem paying Cal their “fair share.” Thanks..

    • Tax Advisor says:

      Hi Jay,
      Yes, you will have to report your CA income on your resident return for Connecticut (as well as your non-resident return for CA). Depending no CT tax laws, you may or may not have to pay tax on the income received. If you do, and pay taxes on it to two states, you may be eligible for a tax credit.

  162. Rebecca magee says:

    I am a pharmacist in alaska where I live. My question is if I take one month consulting job in Pa. Will I have to pay Pa. Income tax on the one month I worked in Pa. Plus the other 11 months I worked in alaska?

    • Tax Advisor says:

      If you receive income from PA sources, you would have to file a non-resident return for PA, and be taxed on the income earned from PA sources only (since you are a non-resident).

      You would normally have to report income on a resident return for your home state, however Alaska doesn’t have an income tax, so you won’t have to. That means, you’ll only be taxed on the non-resident income earned from PA sources.

  163. Chris says:

    I live in North Carolina. Do I have to pay North Carolina income tax on money earned in Tennessee?
    Advanced thanks.

  164. Nicole says:

    Hi,

    I moved to DC from MD on January 1, 2013. I didn’t change my tax information with my employer until April 2013 and I paid taxes in Maryland and DC. Do I still have to file a tax return in Maryland?

    Thanks,

    Nicole

  165. Kristy says:

    I am from WV and that is my permanent residency and my husband is in the military. We are stationed in NC, we have purchased two vehicles there and they are both registered in NC and have NC license. Do I need to do anything with those on my taxes or just pay the property taxes according to NC laws?

    • Tax Advisor says:

      Hi Kristy,
      That’s correct. A big thank you to your husband for serving our country.

      It’s also good to note, according to NC tax laws (this link to their site will tell more), if you are a legal resident of another state who is stationed in NC on military orders, you will not be taxed on military pay by NC. As a military spouse, you will also not be subject to NC income tax if you and your husband are in NC because your husband is stationed there, and you and your spouse are both residents of the same state, outside of NC.

  166. Wendy says:

    Hi,
    I was a resident of CT till the end of July. My husband and I both had earned income. We moved to FL and I found a job and started to work. I know that I have to file a CT return. The problem is that I am being taxed on the entire income. I feel like I am a resident of FL the end of the year and my job in FL should not be taxed since there is no state tax. The CT form is taking income for the entire year and going to the tax table and then I have to pay 60% of the amount. I just want to make sure that is correct? thanks

    • Tax Advisor says:

      Hi Wendy,
      You’ll have to file a part-year resident return for CT and indicate the months you lived in CT. You’ll also report the tax you paid to CT on this return. This means you should probably expect a refund for the CT taxes you paid for the time you did not live there. It all depends on how many you claimed no your W-4, how much you made, and state taxation laws of CT. Be sure whoever you are filing your taxes with is aware you were only a part-year resident of CT and no longer a CT resident.

      If CT taxes are being taken out from your paychecks, be sure to talk to your employer to have this changed since you are no longer a CT resident.

      If you are filing on our website, you can contact our team and they will help you with any state issues you may be facing. Also, our tax filing system is designed to make filing taxes for multiple states less of a hassle.

  167. Beth says:

    Hi, I need some tax help. I am doing my daughters taxes and I am unsure as to what to do. I figured the federal just fine but I am confused for the states. She lived in KY from Jan thru Mar and then moved to MD from April to Dec 22 and then moved back to KY. She had a job in both states so taxes were taken out accordingly. As far as residency she never voted or changed her drivers license when she moved to MD – it was still a KY license. Would this make her a part time resident of KY and a nonresident of MD or a part time resident of MD????

    • Tax Advisor says:

      The state of residency is determined by whatever state you live in for the most time during the tax year, so it sounds like she was a 2013 resident of MD and a non-resident of KY. That means, she will have to file a resident return for MD (reporting all income received from both states) and a non-resident return for KY, reporting only income earned from KY sources.

      • Beth says:

        Even though she never switched her residency to Maryland? Her drivers license was still for KY…..she only had a forwarding address in Maryland, stayed with friends so no rent, and worked a job for 8 and 1/2 months. I just need some clarification – I understand what you are saying

  168. jen says:

    hello, i have lived in GA for 5 years and from jan-may of 2013 was my last of work. Then moved to FL in may 2013 and started working in june 2013 til present day. I got my W 2′s recently and in Box 15 said GA. My question is, should i be receiving 2 w 2′s one from GA and FL? will i be filing part year returns one or both states? if so, can i just go to H&R block here in FL and do it all at once?

    • Tax Advisor says:

      Hi Jen,
      Well the good news is FL doesn’t have an income tax, meaning you won’t have to worry about filing any state returns for Florida. Georgia does though. That means you’ll have to file a part-year resident return for GA. It also explains the W-2 question.
      To file your GA part-year taxes and your federal taxes, you can do it all online anytime, by creating an account on our website and you can get started right away. In the state section, you can enter the dates you were a resident of GA and the income information. Our online application is actually designed to make situations like yours, easier when filing.

  169. Wesley says:

    Hi, I need a little tax help. I am trying to do my taxes, but need to know where to file my resident return and where to file my non-resident return (if it is even necessary). I moved to KY (from GA) in December of 2012 with the intent of becoming a student. If you are a student, then you are not required to claim the new state as your state of residence. I am going to start school fall of this year, but that means that I lived in KY for all of 2013 while technically being a resident of GA (due to my drivers license). When I file my taxes, which state do I list as my state of permanent residence? And which forms should I file to each state? Thanks!

    • Tax Advisor says:

      Hi Wesley,
      Considering you are a student, you will file as a resident of GA, meaning your state of permanent residence is GA. You will also file a non-resident return for KY, reporting your income earned from KY sources.

  170. Andres D says:

    Dear Tax Advisor:

    For 2013 I worked and lived in WA but my permanent address in the W-2 is in Michigan due to the fact consultants are required to keep a permanent address. Technically i did not live or work in Michigan but i claim residency there for per diem purposes.

    Do I have to pay Michigan any income taxes? And if so, do I pay as if I lived there (resident) or non resident?

    • Tax Advisor says:

      Hi Andres,
      If your permanent address is a Michigan address, you will file a resident return for Michigan and pay taxes all your income to Michigan, as a resident. You won’t have to file a non-resident return for Washington because Washington does not have an income tax.

  171. Rhonda says:

    Hello, Im unsure what to do about filing my tax return for 2013. I moved to Missouri in July 2013 temporarily for two years. I did get a Missouri drivers license but do not change over my vehicle plate tags. when I moved I continued working in North Carolina and South Carolina throughout 2013. I have never had a job in the state of Missouri in 2013 but I was traveling back and forth, and working in North Carolina and South Carolina. I received my tax returns and they did charge me tax is for North Carolina and South Carolina. But when I filled out my tax return with my Missouri address it said that I owe taxes in Missouri, North Carolina and South Carolina. my job ended in November 2013 now I am back in Missouri full time but I’m unsure how to file my 2013 tax return.Do I need to use my North Carolina or Missouri address to file my return. I did not become a full resident of Missouri not sure what to do.

    • Tax Advisor says:

      Hi Rhonda,
      Our website, RapidTax is actually specifically designed to help those who need to file in multiple states, file their taxes quickly and easily. If you create an account on our page, you’ll notice in the state section, you can enter income received from each state by simply checking a box then adding the income for the corresponding state. Then, our system will make your not being over-taxed by multiple states.
      Anyways, you should be filing a part year return for Missouri and part year return with North Carolina along with a non-resident return for South Carolina. If you filed your taxes and said that you owe tax to Missouri, it might make sense considering your resident state taxes you on all income received from every state’s source. Residency depends mostly on what state you spent the most time in during the tax year, in your case it sounds like your resident state is Missouri.

  172. Susan says:

    My husband received Unemployment benefits from PA and WV, we live in WV. Do I have to pay state tax on the PA unemployment to WV? Or just the WV unemployment?

    • Tax Advisor says:

      Hi Susan,
      You’ll have to report and pay tax on unemployment benefits from both PA and WV. If you a resident of WV, he will file a resident return for WV and a non-resident return for PA.

  173. Nikki says:

    Hi, I am having difficulty understanding part year residency as far as dates are concerned. If I moved in MD in Sept, and are still currently residing here, why am I asked for a ending date of residency? I moved from MA and understand that I will have to complete a part-year for both states but I am not understanding what my ending date would be for MD.
    Please help!!! Thank you in advance!

  174. Scott says:

    Hello, I am a resident of New Hampshire and work just over the border in Maine, well sort of. Everyday I drive to the shop and pick up my truck and equipment then I come back to New Hampshire to landscape. Then at the end of the day I bring back my equipment. My tax guys says those ‘hours’ worked in NH are not taxable by Maine. The accountant at work says that since I start and end the day in Maine,that it’s all taxable by Maine. And they will not release my ‘hours worked in NH’ because it is not legal. I just want to know what is right. Please help!

    • Tax Advisor says:

      Hi Scott,
      If your company is based out of Maine and your income is considered Maine income, you’ll have to file a non-resident return for Maine and report this income. You will also have to file a resident return for New Hampshire, reporting all income received, regardless of what state it is from.

  175. Lecia says:

    Hi,
    My husband work in SC and I work in NC. We now living in SC which only my husband working.
    We have file our taxes jointly but was told that we only can file for one States, Will this affect us in any way?
    Thanks

  176. Jim says:

    In the article above, it reads: “Take note: it doesn’t matter where your company is located. If you didn’t live in a state, and you physically did not work there, you don’t have to file a return there just because the company paying you is based there, although you do if they accidentally withhold taxes for that state.”

    I taught an online course for Ohio State University while living in Colorado (never any residence outside Colorado during the tax year), but the HR office in Ohio insisted they needed to withhold state tax. The quote from the article suggests this is incorrect. Ohio tax code says that I have to pay tax on any ‘Ohio-sourced income’. What is correct? I need to know so I can talk to HR again this year before teaching another course.

    • Tax Advisor says:

      Hi Jim,
      You’ll have to file a resident return for Colorado and a non-resident return for Ohio (considering you had Ohio state taxes withheld). As a Ohio non-resident, you’ll only be taxed on income received from Ohio sources.

  177. Tracey says:

    I moved to nc from georgia but never changedmine or my husbands license or address, but I’m receiving medicaid for my children in nc and my husband has worked in nc since june, which state are we considered residents of?

    • Tax Advisor says:

      Hi Tracey,
      In most cases, you are considered a resident of the state you have lived in for the most time during the tax year. It sounds like you are residents of Georgia. That means you’ll have to file a resident return for Georgia and a non-resident return for NC. As a non-resident you’ll be taxed on income you received from NC sources.

  178. Rajiv says:

    Hello Tax Advisor,

    I have a question about my tax situation. My company head office is in NY and I am living in NJ. I was working in NY office till October 2012 . Then due to hurricane Sandy Company accelerated the move to NJ office and I starting working in NJ office since middle of December 2012. All my pay check tax deductions for 2013 are for NJ state only. But when we got the incentive paid in January 2013. The company deducted the NY tax for the incentive amount and nothing for NJ state.
    So when I file the return this year do I have to show any income for NY state. I did not work in NY office for whole 2013 year. I did get a W2 for NY state which only the NY state paid on incentive amount and the total salary for 2013.
    Do I show NY income for 2013 because of my incentive tax ? Or I should just show the NJ income and get refund from NY state and pay NJ state for tax amount on incentive ?
    Can you please advise on it.
    Thank you.

    • Tax Advisor says:

      Considering you are a resident of NJ, you will report all of your income received (from NJ and NY sources) on your NJ resident return. From what it sounds like, you’ll only need to file a non-resident return to NY if you want to receive a refund from NY.

  179. Frank says:

    Hi – My wife moved from Kansas to Maryland on January 4, 2013. She did not work in Kansas for those three days, but she didn’t establish residency in Maryland until the 4th. Does she need to file a return for Kansas?

    Thanks.

  180. dennis says:

    My employer neglected to show income reported for two states when I moved. therefore, I paid the entire tax year for one state, but moved in July. The W2 does not reflect a 50/50 split in income for both states. (as a matter of fact, of this writing, I am still paying taxes to the state that I moved from – though this should change tomorrow). what do I need to do in order to get the correct income from both states (essentially a 50/50 split) and report it on my state income taxes for each respective state.

    Thanks

    • Tax Advisor says:

      Hi Dennis,
      You will file a part-year resident return for both states. When filing for each state, report the income to both states and report each state’s taxes deducted from your income. If you were overtaxed, you should expect a refund.

  181. Narayan says:

    Hi – I worked in MD until May and moved to NJ on June 1st to work for a different employer. My wife and kids joined me in NJ towards the last week of June. My wife doesn’t earn income and we file a joint return. I understand that I need to file taxes in NJ and MD as part year resident but should I show our residency in MD till end of May or last week of June when my family finally moved to NJ? Also it took my employer couple of paychecks to change my address in the system and MD taxes were deducted during this time.

    I would appreciate your guidance.

    Best,
    Narayan

    • Tax Advisor says:

      Hi Narayan,
      Yes, you will have to file a part-year resident return for both MD and NJ. Reading the date on your taxes, I suggest listing the date you started earning income in NJ. Also, you will report all taxes deducted from your paycheck, for both MD and NJ that way you will receive the maximum refund possible.

  182. Justin says:

    Hi there… In 2013 I lived and worked in Colorado until May then moved to Florida and started a new job through the end of the year. I have filled out partial residence online returns, but for some reason when I add Florida’s W2 info my Colorado State Refund is decreasing. This is very confusing as to why Florida Federal Taxes would effect Colorado State taxes. I have done it multiple times on multiple websites entering the correct information and dates of residence each time and still same resullt. Please if you can help it would be much appreciated.

  183. Sriganesh says:

    Hello,

    I am a non resident alien studies in US and working now in F1 OPT visa. I worked in Illinois for about 2weeks in jan 2013 and went back to study. I graduated and started working full time at california for the rest of 2013. Now when I file state tax for Illinois, do I have to mention the income earned in california in the federal part? If so the Illinois file my tax website says I have to pay a little more state tax apart from the withheld state tax. My income was below 2000 in iliinois and I thought I would get a full state tax return as I am in F1 student visa. Kindly guide me in this as I am very confused!!

  184. Mohit says:

    Hi, i am a resident of VA but have been working in PA for a client since September 2013. PA state tax was witheld from my paycheck. VA and PA have tax reciprocity and I was wondering how if i need to get a refund from PA to pay tax in VA for the year 2013? What is the method for getting the refund and then how do I go about filing VA tax?

  185. Joey says:

    I moved from California to Colorado in September 2013. I file my taxes online every year, will I have to fill out two forms; one for each state? Thanks so much for the clarification.

  186. Brooke says:

    I lived in NY for most of the year, then moved out of state in October. What would have been about $350 in tax returns has been diminished to $65 because I moved out of the state. This doesn’t seem right- how can I resolve this?

  187. Heather says:

    Hi, my husband and I lived and worked in California for 10 months then moved to Arizona but my husband still works in California. How would we file our state return?

  188. Mandy says:

    Hi, I worked and lived in WI from January to July. I then transferred within the same company to NE where I set up permanent residency when I got there in August (change address, driver’s license, registered car, registered to vote) until present day. I went to do my taxes this weekend and realized that my W-2 had been sent to my address in WI and was then forwarded to NE, I then realized that my employer had never changed my address to NE. Therefore when I looked at the W-2 I found that I had been paying taxes in both states, as my WI total wages was equal to the whole year and my NE total wages was since I moved. I then dug out my pay stubs and saw that I had in fact been paying taxes in both states since August. I will make sure my employer changes my address in the system on Monday. My question is how do I go about getting back the amount that I was overtaxed in WI from August until present day? Do I need to take care of this first before I can start my taxes or can it all be taken care of on tax forms?

  189. Tina says:

    I lived and worked in New York. The company I worked for is in New Jersey. My company took out NJ tax from my pay instead of NY. How do I handle this?

    • Tax Advisor says:

      Hi Tina,
      You should contact HR of your company about this. When filing your taxes, you’ll have to file a state resident return for NY and a non-resident return for New Jersey.

  190. Rachel says:

    My brother has been a resident of TN for the last 4 years but moved back home to WI permanently in June 2013. How do I file his taxes for him?

  191. Ginny says:

    I live in ny but work in Pennsylvania and received Pennsylvania unemployment. Do I need to claim the Pennsylvania unemploymenton my NY return.

  192. larisa says:

    Hi,

    If I moved from NY to CT for graduate school, do I have to file a CT tax return if I haven’t worked in CT?

    Thanks!
    Larisa

  193. J says:

    My wife and i married in 2013. I lived in New York all year and worked in New York all year. She worked in New Jersey all year and lived the first half of the year in New Jersey until we married, then moved in with me in New York. How would we file state returns? One full year resident ny return for me, and a ny and nj part year resident returns for her, both as married filing seperate? Would we still file married jointly federal? Thanks

    • Tax Advisor says:

      Hi J,
      Yes, you are correct. You will file jointly for federal and file separate state returns. Also, as you stated, you will file a full year resident return for NY and your wife would file part year resident return for both NY and NJ.
      For future reference, if your wife continues to work in NJ while living in NY, she will file a resident return for NY and a non-resident return for NJ, on her tax return next year. As a non-resident she will only be taxed by NJ on income received from NJ sources.

  194. Katy says:

    We have to file in both UT as a resident and WI as a non resident. My question is about w2s. When I send in my WI return do I send all our w2s including WI or just the WI one and for UT do we send both WI and UT or just UT? Thanks for any information you can provide me with!

    • Tax Advisor says:

      Hi Katy,
      For your resident state (UT), you will report all income, form all state sources, so you will include all W2s (for both states) in your UT return. For WI, you will only report income from WI sources, meaning you will only include WI income (WI W2s) with your WI non-resident return.

  195. JR says:

    Ok, here’s one that’s a little trickier for you. My wife, kids and I all live in Michigan. She works there, our house is there, so everything is there to imply resident status. Except, I work a full-time, (supposedly) long-term job in Florida (no tax state). We are not relocating here, but this is not a contract/<1 year position.

    My understanding is that I can't deduct my housing costs (rent), travel to my job, etc., but that doesn't make sense. If I'm not living here, shouldn't my costs associated with the job be deductible, since my tax state and resident status is still in Michigan?

    Thoughts?

  196. Cheryl says:

    Hi. I lived in Florida for all of 2013. I own & rented a home in Georgia for all of 2013. I have already declared the rental income from my Georgia home on my Federal income tax return. Will I have to file a Georgia tax return for the rental income too? Thanks in advance.

  197. D D & T A WOODWARD says:

    Both my wife and I live in South Dakota. My wife works in Iowa, and she pays Iowa State Income Taxes. I am retired. Some of our friends told us that we should be able to get some or all of the Iowa state income tax back. True?

  198. Kelly says:

    I live 8 months in FL and 4 months in PA I have earned income from both states. I am married and planning on filing a joint return. My husbands income is from PA. Do I need to file a FL return? Will I have to pay state taxes on the money I earned while residing in FL to PA?

    • Tax Advisor says:

      Hi Kelly,
      It depends on what state is your resident state. The good news- Florida does not have a state income tax. If Florida is your resident state, you will file a non-resident return to PA, and only your PA income will be taxed. However, if you are filing as a resident of PA, you’ll file a resident return and report all income, from all state sources, and will be taxed accordingly.

  199. Daniel says:

    HI Tax advisor,
    Thanks for the information and answers you provided.
    Quick question,
    I live and work in NY.
    I have a small condo in Maryland and I started renting out from 2012.
    Last year I did not file MD return.
    Do I need to file a MD tax return also?
    If so, do I need to amend 2012 Fed and New York?

    Last year was the first time I did return my self….

    Thanks in advance.

  200. Justin says:

    Hi,
    Thanks for your comments, so helpful..
    I have a question..
    My wife and I lived NY from Jan to Sept 2013.
    I got a job offer from Singapore and moved to Singapore in Sept. 2013.

    Here is my question.
    1. Do I have to file a return for the income from Singapore beside FED and NY?
    2. Can I deduct job searching expenses, interview expenses, and moving expenses like air fares, ocean moving ?
    3. In 2015 do i still file a tax return?

    Thank you so much for your help

    • Tax Advisor says:

      Hi Justin,
      You’re very welcome. Congrats on the new job! Regarding your questions;
      1. It will depend on Singpore’s tax laws- You’ll only have to file a part-year resident return to NY.
      2. You should still have the right to deduct the qualifying job searching expenses since you will still be taxed as a US resident.
      3. Since you are a US citizen, you will have to file a US tax return each year (you’ll be taxed on your worldwide income).

  201. ELFAKP says:

    My wife and I got Married in 2013. I lived in Oklahoma all year and worked here all year and my wife worked in NY for 6 month and moved to Oklahoma and worked here for 6 month. How do I file my tax returns? Do I file federal Taxes as Married filing jointly and state Taxes Married filing separate for each of us? I was trying to add her W2 from NY in federal it would let me because it says we need to be a resident of NY to File federal. thanks.

    • Tax Advisor says:

      Hi there,
      Yes, you will file as married filing jointly for your federal taxes and married filing separately for state taxes. For your wife’s state returns, she will file a part-year resident return for both NY and Oklahoma.

  202. Ning Shen says:

    My husband and I have a home in IL. Last year my husband worked in GA and rent an apt. there for the whole of 2013, but he’s thinking of finding a job back in IL. My husband still has his IL driver license and uses the IL address for all of his accounts, such as W2, Pay check, Medical insurance, etc. even though he works in GA. I’m a housewife and our sons and I have stayed at our IL home for the whole of 2013 and we have not attempted to sell our IL house.
    Can we file a joint return for federal? Can we file joint return as IL resident and GA non-resident? Should I file as an Illinois resident and Georgia non-resident and my husband as a Georgia resident and Illinois non-resident separately and if this is the case, how can we get a tax credit back? Or should we file some other way? Also, in our case, can my husband’s expenses (rental, utility, travel, etc.) be deductible? Sorry for all the questions since this is my second year doing tax returns. Thank you very much.

  203. Gustavo says:

    Hello Tax Advisor,

    In 2013 I was paid all year by my employer in New York. I lived in New York from January through April, stayed with my parents from May through July in California, and lived in Georgia from August through December. I rented apartments in New York and Georgia, but not in California because I lived with my parents. I am not a student, but a professor on a fellowship. Which states do I need to file taxes with?

    • Tax Advisor says:

      Hi Gustavo,
      Did you receive income from Georgia sources (or California sources)? If not, it sounds like you will just need to file a resident return for New York, reporting all of your income received in 2013.

  204. M says:

    I lived in Oregon at the start of 2013 and moved to Hawaii in December. I telecommute to my old job in Oregon and my employer paid Oregon taxes for all of 2013 according to my W2. I was technically a resident of HI for 2.7 weeks at the end of 2013. Am I correct in thinking that I owe 2.7 weeks of my salary to HI in taxes and should have a credit from Oregon for taxes paid to HI or is it the other way around? Thanks.

  205. Arezoo says:

    Dear Tax Adviser,

    I’m working in California and partially living in California. My fiance is in Washington state which is income tax free state. I talked to my company to be able to work two weeks of each month from Seattle and I’m at the office two weeks in California. I started from Jun 2013.

    I’ve been paying the California Tax in my paychecks.
    I wonder if I can deduct the portion of Seattle stay from my income tax. if so, how should I file it?

    Thank you,
    looking forward to hear back from you.

    • Tax Advisor says:

      Hi Arezoo,
      If you spend equal time in both states, you can file a non-resident return to CA and only be taxed as a non-resident, meaning you will only be taxed by CA for income you earned from CA sources.

  206. Tiffany says:

    Hi Tax Advisor,

    I have lived and worked in CA my whole life, but last October I moved to MD.

    I have only earned income in CA because I still haven’t found a job in MD.

    My driver’s license is still a CA license and my car is registered under my father’s name (he lives in CA), I’m still registered to vote in CA and I live rent free with my sister, the only thing I have changed is my mailing address with USPS.

    However, I did start receiving SNAP benefits in November 2013 from Maryland and started receiving Medicaid benefits as of January 2014.

    I did submit a change of address from to the IRS last December because they had not sent me my 2012 return yet since I was a victim of identity theft. So the address they have for me is in MD but only in certain departments of the IRS. (I recently called to ask a few different questions and for verification purposes I had to give my address to each person I talked to and some had my CA address and some had my MD address)

    Which states and how should I file for my 2013 taxes?

    Also, for my federal, my w2 that i just got today states my CA address so when I am online filling out my federal tax section, do I put my MD address under my personal info with my name and bday and then when I am in the w2 section should I put the CA address that is on the actual w2 boxes e and f when it asks me to type in box e and f?

    Thank you!

  207. Vj says:

    I lived and worked in CT until June 8 2013 and moved to India.Having lived less than 180 days in 2013 in CT do I file CT state tax returns as a part year resident or full year resident?
    Thank you

  208. Ellie says:

    Hello,
    My family lived in Boston all year of 2013, my husband worked 5 month in California, how would we file the state tax return? Thank you very much.

    • Tax Advisor says:

      Hi Ellie,
      Your husband will have to file two state returns- a resident return for Mass and a non-resident return for California. As a California non-resident he will only be taxed by CA on the income received from CA sources.

      If you normally file jointly, I would suggest filing jointly for federal and file as married filing separately for the state returns.

  209. Ron says:

    Hi Tax Advisor,

    I have a question about two states but with slight twist.
    I studied in California with no income what so ever, then I moved to Florida for work. So, do I need to file California State tax? I guess Florida doesn’t have State Tax so no need to send any tax forms.

  210. laxman says:

    Hi,
    I lived full year in NY state and worked here full year. I got married in September, but we lived together since July 2013. She never worked in NY state but worked in Ohio for 6 months before she moved with me. How should I file my taxes? Is it that I should file federal taxes jointly and my wife should file Ohio state tax (married filing separately as part-year resident) and not NY state tax?
    I just file NY state tax.

    • Tax Advisor says:

      Hi,
      Yes, that is correct! You will file jointly for federal and separately for state. She will report a part year resident return for Ohio and you will report a NY resident return.

  211. PIckellr says:

    Tax Advisor – Thank you in advance for your knowledgeable reply.

    Company I work for is based in CT – I live in PA. Company I work for is withholding CT state tax and it is credited to PA – problem is CT tax rate is higher than PA and PA will only accept the amount if I had worked in PA. So I am paying too much in taxes – is there anyway of getting back the excess I am paying CT or what would you suggest.

    Thanks again.

    Pickellr

  212. tina says:

    Hello Tax Advisor,

    I live in Ga and work in GA in this year until mid Nov I had a new job in NC and still commute back to GA. I have NC withholding for within those one and half month of this year. Do I still need to file NC return even if I work there only one and half month? If yes, it will be non resident or part year resident? GA will be filed as full year resident?

    • Tax Advisor says:

      Hi Tina,
      You will file a resident return for GA and a non-resident return for NC. As a non-resident of NC you will only be taxed on your income earned from NC from NC.

  213. Lorren says:

    Hello.

    I currently have all of my bills, bank accounts, schooling, an insurance through Maryland but I am stating with a friend in Virginia and working there as well. How would I file a tax return? Would I still be a permanent resident of Maryland even though I am staying with a friend an helping her on rent?

  214. Israel says:

    HI,

    My permanent address is in Illinois because my parents own a home there.

    however, i go to school in Boston and i’ve been here for about 4 years.

    I do go home for break but i haven’t gone home in a while (over a year). I work in Boston (a year) and i am a resident of MA.

    I filled taxes and i included Illinois. they said i owe Illinois state tax and I’ve submitted the tax electronically for about 10 times and they keeps rejecting it.

    MA and federal tax went through and fine but never Illinois.

    Should I even file for Illinois state tax please?

  215. Antonio says:

    Hello,

    I was renting a house in NY State with my wife and kids and was laid off in 2012. in January 2013 I landed a job in Maryland. So I moved down to Maryland in the third week of Janaury renting at an extended stay to start working while I left my wife and kids in NY until we could find a new home. My wife does not work. But I did collect 4 weeks of NY unemployment until I started my new job on January 28th 2013 in Maryland.

    The official move of my wife and kids did not happen until March 18th even though I moved down to Maryland at the end of Janaury. What is the correct way to file state taxes. Do I use my move date (January) or the move date for my whole family (March). Which forms do I need to fill out?

  216. John says:

    Hi,

    I worked in IA for the first few months of 2013 until I moved to CA in April where I started a new job. So now I have lived and worked in CA for almost a year, but have not changed my residency/gotten an ID card in California yet. I’m not sure how I should file my income from my new job….as an Iowan working in California? Or am I considered a Californian since I’ve lived and worked here and am paying CA income tax? Thanks!

  217. Sal says:

    Hello Tax Advisor,
    In 2013 I moved from MA to NC because I changed job. I think I have to file part-year resident taxes in both states. It seems like NC is taxing also part of the income I earned in MA before moving but I can’t determine the exact amount. How do I compute it?
    Thanks

  218. Monica says:

    Hello,

    My husband and I have a primary residence (house) in Colorado. I work and live full time in Colorado. He worked and lived in Colorado from January to the end of February. He was paid CO unemployment for the month of March. In April, he started a job in New Mexico, where he will live in an apartment during the week and return home on weekends. We typically file our Federal and CO taxes as married filing jointly.

    For state income tax, how do we file with respect to 1) the residency forms for both states and 2) do we file individual returns or joint returns?

    Thank you in advance for your help!

    • Tax Advisor says:

      Hi Monica,
      I apologize for the delay- If you haven’t already, you should file jointly for federal and separately for state(s). Regarding your husband’s state returns- Your husband will need to file a resident return for Colorado and a non-resident return to New Mexico.

  219. TY says:

    Hello Tax Advisor,

    I live in MA but am working on a project collaborated by two institutes (one is located TX while the other in MA).
    I traveled back and forth between TX and MA and receive payrolls from both institutes for the whole year. Now I have one W-2 from TX (no state tax) and another from MA.

    I think I am a MA resident but not sure. Which from do I need to fill out?

    Thanks!

    • Tax Advisor says:

      Hi Ty,
      Yes, you are a resident of MA. That means, you will file a resident return to MA, reporting all income, from all state sources. You will not have to file a non-resident return to TX because TX does not have an income tax.

      • TY says:

        Hi Advisor,

        Thank you for the explanation. Yet since my gross income contains both parts from the two states, when I file MA tax return, does this mean I have to pay MA state tax to MA government for my TX income?

        Thanks!

        • Tax Advisor says:

          Hi (again) Ty,
          Yes, that will most likely be the case. As a resident of MA, you’ll have to report all sources of income, from all states, which means they will be taxing you on it (although these rules can vary from state to state).

  220. Robert says:

    Hi,
    I lived in MD at the start of 2013, was working a regular job, but then switched to self-employed consulting around April, at which point I started submitting estimated tax payments. I then moved to VA in May, continued self-employment through the end of the year and submitted estimated tax payments to VA.

    I also got married in October, and my spouse, who earned money at a regular job, was a VA resident the whole year. I’ve been dreading taxes, especially state ones since last year.

    Currently, I am concluding that though we filed a joint federal return, we should file separate state returns — 1 full year VA return for my spouse, and both a MD Part-year and VA part-year return for myself.

    Am I on the right track?

  221. Stacey says:

    Hi Tax Advisor:

    We live in Illinois but my husband worked in Michigan for 4 months last year but came home to IL every weekend. On the W2 from the company in Michigan, it showed that Michigan state income taxes were withheld. He currently works for a different company in Illinois. Do we have to file State Income taxes with both Illinois and Michigan?

    Thanks.

    • Tax Advisor says:

      Hi Stacey,
      This is a very common situation (and a good question). Your husband will have to file a non-resident return for Michigan, reporting his Michigan income (as a non-resident he will only be taxed on his income from Michigan sources). You both will file a resident return for Illinois (along with filing a federal return too, of course).

  222. Craig says:

    I live in Illinois and work frequently in Georgia. I know I have to file in both states. My wife works only in Illinois — how do I report our income and utilize our deductions when filing in Georgia?

    • Tax Advisor says:

      Hi Craig,
      You both will file a resident return for Illinois. However, you will have to file a separate non-resident return for Georgia. As a non-resident, you will only be taxed on your income from Georgia sources.

  223. Fran says:

    I lived in PA all of 2013 and been unemployed. I collected unemployment from NJ and also received a cash out of retirement benefits under a 1099R from NJ. NJ took out taxes from the unemployment checks, but the 1099R did not. Do I need to file in both NJ and PA?

    • Tax Advisor says:

      Hi Fran,
      Yes, that’s right. You will have to file a non-resident return to NJ and a resident return to PA. It’s good to know, RapidTax.com makes filing taxes with multiple state sources straightforward and easy!

      Best of luck!

  224. Sisir says:

    Hi, I worked in NC throughout 2013 and we moved from NC to SC mid year 2013. I understand i should file state returns in both states as Part-Year Resident. So here are my questions.. please suggest which option should i use or suggest any other option…
    1. Should i split the income as per the time we lived in each state & file the state returns?
    – This will mean that i will get some refund back from NC which i will have to pay to SC.
    2. Should i put all my income in NC return and Show that in SC return & claim “credit against taxes paid to another state”?

    Thank you..

  225. Dawn says:

    Dear tax advisor,

    My husband works 2 weeks on and 2 weeks off. (in the Maritime industry). He works 2 weeks in Lower Manhattan. Then comes home to Michigan for his 2 weeks off. We are full time Michigan residents. I currently am a full time student and do not work. We file married jointly. He pays NY taxes and for the past two years we have had to pay them more at tax time. Are we filing correctly? Also,we have looked for deductions in the maritime industry and come up with little or nothing. Do you have any insights in this area?
    Thank you in advance for any help in this so confusing situation.

  226. Lily says:

    Hi Tax advisor,

    I live and work in NJ, but my employer located at NY. I got two W-2 forms (same income sources): one is for NY with NY state income withheld, another is for NJ, no income tax withheld. I know I should file NJ tax return, what about NY income tax? Should I file nonresident return to get full refund from NY?

    Thanks!

  227. David says:

    I work in Kansas and missouri, and live in Missouri, file married joint return. My wife works only in Missouri.

    On the calculation for my KS return it is adding in my wife’s (missouri) income from federal return as well as my Kansas income into the calculation.

    Seems to me that the KS tax should not be calculated with my wife’s income since she does not work in kansas?

  228. Mingta says:

    Hi Tax Advisor,

    I live in MA but my employer is in CT. There is an arrangement for me to work at my (MA) home office 4 days a week and the CT office 1 day a week. When filing state taxes, should I apportion my income so that MA is 80% and CT is 20%? Thanks.

    • Mingta says:

      I do know I need to report all my income to MA. My question is about the CT taxes: Is my “CT-sourced income” on the CT tax form 20% of my income or 100% of my income? Thanks a lot.

    • Tax Advisor says:

      Hi Mingta,
      You’ll only need to report your income from CT sources on your CT non-resident return (so the 20%). This is because non-residents are only taxed by the non-resident state on the income earned in that state.

  229. Mary says:

    My husband works in NC but lives in NM. We are needing to understand how the state tax should be deducted from the employer stand point. At present time, the employer is deducting NM state tax not NC state tax.

    As we did our taxes, we ended up owing NC over $4.9k and recieving a state refund from NM for $3.8k. We feel that the state deduction for NC should be primary and NM secondary.

    We need to know if his employer need to correct how they are deducting the state Taxes for NC and/or NM.

    Your help in this matter is greatly appreciated.

    Thank you,
    Mary

  230. john says:

    Have an LLC in MA with capital gains for 2013 but live and work in CT, do I pay double capital gains or does paying MA taxes allow me not to pay CT cap taxes as well

    • Tax Advisor says:

      Hi John,
      As a non-resident of MA, you’ll have to file a MA non-resident tax return, which will tax you on your MA income. You’ll also have to report this MA income on your CT resident tax return.

  231. Cheech says:

    I live in South Carolina with my family, but work in MD, commuting on weekends. When I file taxes, what do I choose? If I do nonresident of MD and resident of SC I owe thousands to SC since there is no SC withholding being done and the SC tax credit for the tax paid to MD is miniscule.

    • Tax Advisor says:

      Hi Cheech,
      Unfortunately, you’ll have to file a resident return in SC (considering you live there) and also file a non-resident return to MD. You’ll be taxed by MD only on your income earned form MD sources.
      To avoid paying high tax due in the future when filing, I would suggest requesting your employer to add SC to the state taxes withheld from your pay.

  232. H Michele says:

    Hi there,

    I maintained residency in NYS for roughly two years while also living and working in New Jersey, primarily so I wouldn’t have to change my driver’s license, but during this time I sublet my apartment. I knew that I was paying higher taxes, but it didn’t matter to me until this year.

    By NYS definition, I’m a non-resident, but my employer deducted taxes as though I were. I spent only 20 days in the state before I moved to Germany at the end of March. My domicile during that time was in New Jersey.

    I can’t seem to figure out how to file as a non-resident with $0 income originating from NYS with my W-2 as is. Is there a special form to fill out for these circumstances?

    Many thanks in advance for your help,
    H Michele

    • Tax Advisor says:

      Hi there,
      I would suggest filing as a non-resident to NY state. On the NY state return, you will include your income information in regards to the NY tax withheld from your pay. That way, you can receive a refund for this amount.

  233. Dave says:

    I’m getting ready to start a job in NC but live in SC. I will commute back and forth on weekends with my primary residence in SC. I receive a federal retirement pay that is currently taxed in SC and my wife works part time in SC. Furthermore, I want to keep a primary residence in SC so my daughter retains her college in state tuition in SC. For next year, should I file a primary joint return in SC for my retirement pay and wife’s part time work and non-residence in NC for my position there?

    Thanks

  234. Scott says:

    I have a retirement account that was earned in the State of Texas, but now I live in the State of Arkansas. If this account is withdrawn while I reside in Arkansas, will I be required to pay State income taxes on this money?

    While I currently reside in Arkansas, I have a home and family in Texas until fall, when I will be moving them up here. Thank you for any help you can provide me.

    • Tax Advisor says:

      Hi Scott,

      Only the state with which you reside or are domiciled can tax your retirement benefits (assuming they are covered by the law, which most are).

      In 1996, a federal law was passed that prohibited states from taxing certain retirement benefits covered by the law – all qualified plans (this includes 401(k)s, profit-sharing plans, and defined benefit plans), IRAs, SEP-IRAs, Internal Revenue Section 403(a) annuities, Section 403(b) plans, Section 457(b) plans, and governmental plans.

      I just suggest checking with your state’s department of taxation to determine if having a home in Texas still while you are living in Arkansas has any effect on this law.

  235. yu park says:

    Hi,
    I have job A and B. They are both located in NY.
    I live in NJ and Job A allows anyone to work for the company.
    Job B only hires NY residence so I used my relative’s NY address.
    I am working for both companies for a month now.

    Is this going to be a problem when filing tax because I have two addresses?

  236. Helen Brown says:

    Would it be more beneficial if I file my fed. and state taxes in Arizona (no tax on social security) where I will be a resident, and my husband file in Vt. where he will be a resident? Seems as though maybe I may do better that way?

  237. James says:

    I live in NC and work in SC. I get a return from SC but have to pay NC about the same as my SC return. Do I have to file in NC just because I live there. It seems “income tax” should be taken by the state where you earn your income.

    • Tax Advisor says:

      Hi James,

      You always need to file in the state where you live and the state where you earn income. In your situation, you will need to file a resident return in North Carolina and a nonresident return in South Carolina.

    • Tax Advisor says:

      Hi James,
      You always need to file in the state where you live and the state where you earn income. In your situation, you will need to file a resident return in North Carolina and a nonresident return in South Carolina.

  238. Lalit says:

    Hi,
    I am ready to start a job in TN (no state tax) starting end of July. Right now I am working in CT and staying with my family, and paying CT state taxes. I will be moving alone leaving my family in CT for rest of the year. They will move in Jan next year to TN. My wife is a home maker. Do I need to pay CT state taxes for the period July end – Dec?

    • Tax Advisor says:

      Hi Lalit,

      As a general rule, you have to file a resident tax return in the state where you lived, a part-year resident return in any state you moved to/from, and a nonresident return in a state where you earned money but didn’t live. Each state has their own rules for qualifying as a resident for tax purposes. There is typically a certain amount of time that you need to be living in said state in order to be considered a resident. I would check into each state’s residency policies.

  239. John says:

    My company is relocating me from NY to Florida in September. I will be getting a relocation bonus being paid in December. As of today, my wife and I have not been able to sell our home. Our home is listed at a large loss from what we paid but we don’t want to be forced to sell for a huge loss. I have family in Florida with whom I could live with. I would turn in my driver’s license, auto registration and change my banks accounts to my new Florida address as soon as I moved down. I would be flying home on the weekends and my wife and children would come down for a week each month. She earns 6k a year working from home performing clerical work for a NY company. Can I become a Florida resident and not be obligated to pay NY state income taxes ( on the FL earnings and the bonus) while my wife and children stay with the house until it is sold? How much of a bulls eye would I have on my back with NY tax collectors? I have heard they are pretty ruthless.

    • Tax Advisor says:

      Hi John,

      You will always be taxed in the state where you are a resident and the state where you physically work. Each state has different regulations for residency so I would check into Florida’s specific guidelines (as well as New York’s). Depending on how long it takes to sell your home in New York, you may run into a sticky situation with tax collectors come the end of the tax year.

  240. Sean says:

    Hello,

    i am getting relocated to San Francisco for work. My husband is staying in New York City. Do i need to change my residency and how should i file my taxes. This is very confusing for us.

    • Tax Advisor says:

      Hi Sean,

      As a general rule, you have to file a resident tax return in the state where you lived, a part-year resident return in any state you moved to/from, and a nonresident return in a state where you earned money but didn’t live. Therefore, you will most likely need to file a part-year resident return in New York since you lived there for part of the tax year before moving as well as a part-year resident return in California since you are moving there during the same tax year. For the next tax year, you will only need to file a resident return for California (assuming that you will still live and work in California).

  241. Teri says:

    Hello. My question is, will I need to file a Georgia return in this situation. I don’t know how residency is defined. My husband resides in TN, but I spend most of my time in GA getting my house ready to sell. I’m not employed. Will I need to file a GA return on a withdrawal from my IRA?

  242. John says:

    Hello

    I have been working overseas for the past 28 years, diligently filing my Federal income tax returns.

    In year 2013 i invested in some hotel properties in California and North Carolina which generated some depreciation and modest profit sharing, less than $10k annually per hotel.

    I received K-1 statements for each hotel.

    Do I still need to file non-resident State income tax returns for California and North Carolina?

    Thank you for any advice/guidance

    John

    • Tax Advisor says:

      Hi John,

      An overseas property owner’s overall tax liability may be different than that of a US resident. This will depend upon your resident country’s tax treaty with the United States, if any. I would suggest doing a bit of research online and possibly contacting your overseas residency office to get a better understanding of their specific rules and regulations.

  243. Cody says:

    Hi,

    Asking this question on behalf of my girlfriend. So I’ve lived in NYC for over 2 years now, and she just moved up to NY with me in January. She continued to work for the same company she did in FL until about 3-4 weeks ago when she started a new job. Well the new job is in CT. So…in reading other postings, I understand that she’ll need to fill out a normal resident return for NY and then a non-resident return for CT (as well as a city return because we’re in Queens, one of the NYC boroughs..ugh!), but my question is what about the fact that the company she ACTUALLY works for is in RI. Long story short, she was hired to work on a temp project for a year or so at said company based in CT (with the potential to eventually be hired on with them), but through a staffing agency that is headquartered in RI. So while she physically works in CT for one company, she is technically employed and paid by another company in RI.

    All that make sense?? So does she just need to monitor and make sure that the company she technically works for (the staffing agency in RI) is accurately deducting taxes under CT (the state she’s working in)? If so, how would she go about doing that?

    And what’s the whole credit piece I’m reading? I’m not sure I understand that wholeheartedly. Any info/input would be GREATLY appreciated on all of this. As you might assume, it’s quite the complicated matter for those of us who didn’t study tax law in college. :-) Thank you so much.

    -Cody

    • Tax Advisor says:

      Hi Cody,

      As a general rule, you will be taxed in the state that you live and the state that you physically work and earn an income. You should not be taxed in a state if your company is based there but you don’t work there. The exception is if you own the company, in which it’s an entirely different tax situation altogether and you could very well be taxed in that state as well. Therefore, you’re girlfriend should only be taxed in Connecticut since it seems like she will be working there for the tax year. If Rhode Island is withholding taxes as well, she should contact her employer (someone in Human Resources or the Payroll department).

      The paragraph of this article mentioning claiming a credit refers to being double-taxed by two states.

  244. Lois says:

    Hello.

    My boyfriend is thinking about coming to stay with me at my house this summer in New Jersey but he lives in Tennessee. He wants to work up here for about three months, so what should we do? I am pretty confused with all of this haha thank you!

    • Tax Advisor says:

      Hi Lois,

      Every state has different requirements for who qualifies as a resident for tax purposes. You will first need to check with the state of New Jersey tax authority website to see if your boyfriend will be considered a resident for tax purposes for the short time that he will be staying with you. If New Jersey does consider him to be a resident for those three months, he will file a part-year resident return for New Jersey. If he is not considered a resident of NJ for tax purposes, he will need to file a nonresident tax return for New Jersey. This nonresident return will only tax you on the income you earned in that state.

  245. matthew says:

    Hello
    I live in Arizona but I receive a paycheck from a company in Ohio for being a consultant. I do not live or physically work in Ohio but the check I receive has Ohio state taxes taken out. My question is, am I liable for Ohio School District Taxes if I do not physically live or work in Ohio?
    Thank you for any advice

    Matthew

    • Tax Advisor says:

      Hi Matthew,

      It doesn’t matter where your company is located. If you didn’t live in a state, and you physically did not work there, you don’t have to file a return there just because the company paying you is based there, although you do if they accidentally withhold taxes for that state.

  246. Jackson says:

    I live in South Dakota, and work for a company based in Iowa. There is no state income tax for South Dakota, but do I have to pay Iowa state income tax?

    • Tax Advisor says:

      Hi Jackson,

      You should only be taxed in the states where you live and where you work to earn an income. If you live and physically work in South Dakota while your company is only based in Iowa, then you will not need to pay taxes for Iowa. However, if you live in South Dakota and physically work in Iowa then you will need to pay taxes for Iowa.

  247. Stacey says:

    My son is active military and is stationed in South Dakota they don’t take out state taxes for West Virginia if your an active member but when we try to file they say he owes how can he owe state taxes if they didn’t take any out what do we need to do.

  248. Nicole says:

    Also, when I used tax software to complete a tax return, for example, the Iowa return was asking me to input my vehicle registration fees since those may be deductible in that state. Since I paid the vehicle registration fees to Nebraska, where I bought the car, I would not include something like this on the Iowa return correct? I would only include things that took place in the state I am completing the return for?

  249. Tax Advisor says:

    Hi Nicole,
    Yes, that’s correct.

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