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lauryang
Mar 17, 2007, 08:15 PM
Both me and my husband work at NY city and live in NJ, but his company is CA based and the company has NY local office. The W2 company provided has CA tax addressed & deducted, my question is what state should we file if filing married jointly?
NY non resident
NJ resident,
or should we file CA Non resident as well? and if we do, it seems both of the income are taxed by CA, should we just file his non-resident on CA? or should his company make the correction of the W2 to NY address and deduction?

thanks!

AtlantaTaxExpert
Mar 20, 2007, 11:05 AM
You will need to file tax returns for ALL three states.

You will get ALL of the income taxes withheld for California back, as they have NO LEGAL CLAIM on the money.

NY has first claim on taxes owed because you worked within the confines of NY state. Expect to pay a significant amount of taxes.

NJ technically also has claim on your income, but they give you a credit for the NY taxes paid, so you will probably owe NJ nothing. You STILL have to file, however.

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