Ask Experts Questions for FREE Help !
Ask
    mariegoblue's Avatar
    mariegoblue Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Jan 23, 2009, 09:31 AM
    Employer Paid Taxes to Wrong State
    I live in New York and recently started working at a job in New York. I noticed on my W2 that my company has been deducting taxes for New Jersey. I found out the company used to be located in New Jersey but moved before I started. My coworkers get New York taxes deducted so I know mine is wrong. My W2 lists the address for my company as the old address in New Jersey. What do I need to do to fix this?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Jan 23, 2009, 11:25 AM
    It is too late for 2008, as those taxes have been sent to NJ state already.

    You will need to file a 2008 NJ state tax return and claim a total refund for the withheld NJ taxes.

    You will also need to file a 2008 NY state tax return and pay taxes to NY. Attach a copy of the NY state return to the NJ state return to validate your claim that you neither worked nor lived in NJ, but rather are subject to NY state income taxes.

    Have your employer correct the withholding for 2009, and refund any NJ taxes withheld for 2009.
    Tara09's Avatar
    Tara09 Posts: 1, Reputation: 1
    New Member
    		  
    #3

    Apr 13, 2009, 03:30 PM
    Hi,

    Can you explain more on how to file a return and claim for TOTAL refund? I went to different people and they do not know how to do this. Please respond as soon as you can.

    Thanks
    Tara

    Quote Originally Posted by AtlantaTaxExpert View Post
    It is too late for 2008, as those taxes have been sent to NJ state already.

    You will need to file a 2008 NJ state tax return and claim a total refund for the withheld NJ taxes.

    You will also need to file a 2008 NY state tax return and pay taxes to NY. Attach a copy of the NY state return to the NJ state return to validate your claim that you neither worked nor lived in NJ, but rather are subject to NY state income taxes.

    Have your employer correct the withholding for 2009, and refund any NJ taxes withheld for 2009.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
    		  
    #4

    Apr 14, 2009, 09:31 AM

    In the case of taxes being incorrectly withheld for the wrong state, because you neither lived nor worked there - you file a non-resident income tax form. It will document that you have $0 taxable income in that state, and hence have a $0 tax bill. It also documents the amount of money withheld from your paycheck for that state, and consequently you get a full refund for the amount that was withheld.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Apr 16, 2009, 12:54 PM
    Tara:

    On the NJ return, file Form NJ-1040NR, and list the NJ income as ZERO, which results in ZERO NJ taxes and claiming all of the withheld NJ taxes as a total refund .
    spree10's Avatar
    spree10 Posts: 1, Reputation: 1
    New Member
    		  
    #6

    Jan 29, 2010, 12:03 PM
    This same thing happened to my husband last year. Got it all refunded and then paid the correct state the amount owed. But now we are getting a 1099-g for that original refund from the WI state. Are we going to have to pay tax on that refund even though we turned around and paid that amount (and even more) to the state of MN?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Feb 17, 2010, 01:35 PM
    If you did not itemize on your federal return, then, no, the refund is NOT considered to be income for 2009.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

State Taxes withheld for wrong state on 1099-R [ 2 Answers ]

I was temporarily in another state, for 2 weeks, and closed a retirement account and received a 1099-R and they withheld the wrong state taxes. All of my employment is in MN and the taxes were withheld in VA. What do I do?

Employer withheld wrong state taxes [ 1 Answers ]

I have worked for a company in NYC for the past 12 years while living in Pennsylvania. In January 2007, my company switched me finally to our new office in Pennsylvania. Problem is that they never changed my tax withholdings from NY to PA. The issue fell between the cracks, and I never...

Employer deducted taxes for wrong state [ 1 Answers ]

I live in Illinois and started a job where I traveled to Wisconsin for 3 weeks staying in hotel while there. I noticed on first paycheck that they were deducting for Wisconsin state tax and not Illinois, I contacted them and they changed it. Now I received two w-2"s in the mail one for the...

Can employer take out taxes if I'm being paid 1099 [ 2 Answers ]

I know I'm responsible for my own taxes but my new employer wants to take out his taxes out of my commissions and also pay me via a 1099 does this sound right? Any advice would be very welcome

Employer did not withhold Georgia State Taxes [ 6 Answers ]

I just discovered my employer has not been withholding Georgia state taxes. They have been withholding all other taxes. Since we don't receive a pay stub each payday, I retrieved my first pay stub online and missed it. I haven't pull any others since the direct deposit was the same each time...

View more questions Search