I have been working in Georgia, for a Georgia based company, for the past 22 years while living in Florida. I have had Georgia tax taken out of my salary all this time. I have filed Georgia Income Tax and filled out the schedule for "Non-residents" every year. It indicates that I must pay the tax to Georgia for the income I make within the state of Georgia.

Two Florida residents I know, who also make income on Georgia soil but by a company based in Florida, are telling me that H&R and Jackson Hewitt are telling them that they are not required to pay Georgia Tax on their income.

So, am I or am I not liable for Georgia Income Tax? If not, how do I claim my back taxes and for how many years?

Slotpilot

SlotPilot:

WHERE do you perform the work, in Florida or in Georgia.

It is actually rather simple.

If the work is performed in Georgia, then Georgia state income taxes ARE due.

If the work is performed in Florida, then Georgia state income taxes ARE NOT due.

There is much confusion surrounding your situation, my wife was a Florida resident, employed by a GA company and we paid full year taxes for many years, the IRS audited 3 years of our returns and determined that our tax home is Florida, this is most important, there is a formula for determining if you owe GA taxes but most people will not have to pay, do you get paid hourly, salary, have to fill out time sheets, punch a time clock? This would be helpful to know, unfortunately GA only lets you go back 3 years to recover taxes paid in error, in our case we are suing our CPA for malpracice and it appears we are going to win and get all of the taxes back with interest

If you spouse was not present in GA to work, her wages are not subject to GA taxes even when it is paid by the GA employer.
Your U.S. Tax Return: Working or Living in Two or More states