[melvy]

Hi,

I am on L2 and I started working from Sep 29 2008. I live in PA and I my office is in NJ. PA WITHHOLDNG of $ 468.37 (total for 3 months)is deducted from my salary

Also NJ Tax for the following items are been deducted each paycheck. A total of $141.34 is deducted from my salary in 2008 -

NJ UNEMPL EE - 58.45
NJ NJ WDPF - 3.82
NJ NJ SWAF - 2.67
NJ OASDI/EE - 76.40


When I tried filling the NJ 1040NR form, It said, I should not enter the above item deductions sum in the 44 th line
44. Total New Jersey Income Tax Withheld (From enclosed Forms W-2 and 1099).. .

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From Instructions ----- Do not include on Line 44 amounts withheld as New Jersey unemployment insurance/ workforce development partnership fund/supplemental workforce fund contributions (shown on the W-2 as UI/WF/SWF, if combined, or UI, WF,
and SWF, if stated separately) or New Jersey disability insurance contributions (may be shown as DI). These are not New Jersey income tax withholdings and may not be used as credits on Line 44.
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Then I tried to entre the above amount in the 47 & 48 th lines
47. EXCESS NJ UI/WF/SWF Withheld (Enclose Form NJ-2450. See Instructions).. . 47
48. EXCESS NJ Disability Insurance Withheld (Enclose Form NJ-2450. See Instructions)


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But the Instructions said ------

If any single employer withheld more than the maximum for either UI/WF/SWF ($113.06) or disability insurance ($133.00) contributions, enter only the maximum amount for that category on Form NJ-2450.
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Am I eligible for the refund of the above items if I file a NJ 1040 NR? Also will these deductions stiop if I Fax a NJ-165 to my employer?

Per paycheck an amount of $25 is being cut as the above NJ deductions. Really curious to know if I could get refund for these deductiosn, Please help -


Regards,
Melvy

[AtlantaTaxExpert]

Melvy:

You should not be paying ANY NJ taxes, as you are working and living in Pennsylvania, and NJ has no legal standing to tax you.

Contact your employer to stop withholding these taxes and to refund the taxes withheld to date in 2009.

Contact the NJ state tax authorities to find out how to get a refund of the 2008 taxes.