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-   -   Non-resident GA state tax (https://www.askmehelpdesk.com/showthread.php?t=173871)

  • Jan 18, 2008, 11:21 AM
    cspotrun413
    Non-resident GA state tax
    Ok, hubby and I work for a trucking company based out of Georgia. We drive all over the country. We are Idaho residents, recently moved from WA. We have never been Georgia residents. Last year we filed non-resident for Ga, but still paid them over $2000 for the year. This doesn't seem fair at all. So, it's getting that time of year again... how do I keep my money? And is there a way to get back the money I paid to them already? I don't think I should have to pay one cent to the state of Ga. The only reason I do is because the company is based out of there. NOT FAIR!


    Thanks in advance!

    Jenn
  • Jan 18, 2008, 01:12 PM
    AtlantaTaxExpert
    Jenn:

    Did you do ANY work within the borders of Georgia at all in? If not, then you filed incorrectly last year. You should amend the 2006 GA tax return and request a complete refund.

    You are liable for salary earned for work done WITHIN GA's borders. If you did no work within GA, then you OWE NO TAXES. Same logic applies for 2007.

    Send me an email to [email protected] with your scanned 2006 tax returns (federal, Idaho and Gergia) attached. I will review it and quote a fee to fix it for you. If you cannot scan, I will email you my fax number and you can fax it to me.

    Finally, go to the Georgia-based company and tell them NOT to withhold GA income taxes. They may not be able to withhold Idaho taxes, but they have NO legal standing to withhold GA taxes if you do not live or work within Georgia's borders.
  • Jan 18, 2008, 01:59 PM
    cspotrun413
    Ok, I guess we do a little work in Ga. Like I said we are truck drivers. Sooooo we do drive a little bit in Ga. Most of our driving is done in other states though.

    Now, I've talked to other drivers about this and they said there is an exemption form somewhere. I've searched and searched the net and haven't found anything like that. One driver in particular lives in Nevada, but works for same company as me and said he pays NO Ga state tax. Maybe I need to find his accountant.

    My company says they are required by law to withhold.

    I'm at my wits end with this.
  • Jan 19, 2008, 10:31 AM
    AtlantaTaxExpert
    The work you do in GA is transitory in nature and represents such a SMALL amount of your total work that you need NOT pay GA any taxes on the work. Even if you prorated the amount of driving and this your income, the personal exemptions and standard deduction would offset any taxes owed.

    Your employer's payroll department has its facts wrong. Ask them to call the GA Department of Revenue to get clarification.

    Otherwise, just file the GA tax return and get all of your money back.

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