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    Beandip's Avatar
    Beandip Posts: 7, Reputation: 2
    New Member
    		  
    #1

    Jan 1, 2008, 01:24 PM
    Live/Work in NJ, withheld from NY
    I currently work for a temp agency based in New York City. The actual office where I work is in New Jersey, and I live in New Jersey. The income from this job is about $13,000. What is my tax liability? Should I file in both states? Obviously I'd want to file in NJ because I'd wind up paying less in taxes.
    MukatA's Avatar
    MukatA Posts: 7,110, Reputation: 176
    Tax Expert
    		  
    #2

    Jan 3, 2008, 04:45 AM
    If you live in New Jersey and work in New Jersey, your income is not subject to NY tax.
    Beandip's Avatar
    Beandip Posts: 7, Reputation: 2
    New Member
    		  
    #3

    Jan 3, 2008, 08:01 AM
    Quote Originally Posted by MukatA
    If you live in New Jersey and work in New Jersey, your income is not subject to NY tax.
    So how do I file my taxes, because my agency won't change my withholding?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #4

    Jan 3, 2008, 10:01 AM
    You file in BOTH states. You PAY taxes to NJ.

    You file a NY state tax return as a non-resident and explain that the money was NOT earned within the borders of the state and claim a refund of all taxes withheld.

    This is quite common in NY, so NY state should refund the money without question.

    Now, as for your employer, they do not have a choice in the matter. If you work and live in NJ, then ONLY NJ state taxes should be withheld.

    Since they do not believe you, tell them to make a phone call to the NY state tax authorities for guidance.
    Beandip's Avatar
    Beandip Posts: 7, Reputation: 2
    New Member
    		  
    #5

    Jan 3, 2008, 11:00 AM
    HAPPY ENDING!

    I called payroll, and they fixed my issue for 2008. Turns out there are good payroll staff members, and ones who don't know what they are talking about.

    I will use AtlantaTaxExpert's tip for '07.

    Thanks everyone!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Jan 3, 2008, 11:06 AM
    Glad to help!

    Please remember that I have a number of NJ/NY clients and am quite adept at filing state returns for BOTH states.

    You would find my fees to be most reasonable, and I have references from my NJ/NY clients.
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