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    Rossl's Avatar
    Rossl Posts: 7, Reputation: 0
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    #1

    Feb 7, 2007, 01:17 PM
    Live in NJ work in NY W2 filed wrong
    In 2003 my payroll company made a mistake and withheld taxes for NJ, not NY. When I filed my state taxes I filed them as if the W2 was correct. Paying balances to both states with my returns.

    Last year NY sent me a bill for the W2 withholdings sent to NJ. I called NJ and they sent the W2 withholdings back to me (without asking me for paper back-up, I couldn't believe it). And I paid this amount (plus interest) to NY.

    A few months later NJ is asking for the money back, with interest and penalties. I called them they asked for a copy of the 2 checks to prove I paid NY the tax. They have since sent this to a collection agency and they are DEMANDING the $$$$$$$$

    I am going to ask my payroll department to issues a W-2C.

    Will there be an issue with the W-2C, since NJ has already sent me the money?

    Any other suggestions?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #2

    Feb 8, 2007, 12:14 AM
    Go and TALK to NJ tax people , preferably with the NY tax rep, to straighten the matter out.
    Rossl's Avatar
    Rossl Posts: 7, Reputation: 0
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    #3

    Feb 8, 2007, 07:05 AM
    I have already paid NY, so I don't think they will cooperate. I've called NY and they just say they don't understand how NJ works.

    New Jersey keeps asking me for documents (a different one each time, cancelled checks to NY showing tax paid to NY, NY tax return, audit letter from NY regarding taxes owed for 2003, a notarized letter from my company stating that I did work in NY and that the wrong taxes were withheld). And I keep providing them.

    NJ has since sent my account to a collection agency and they are demanding the $$$$ or the W2-C.


    Do you know if I have the right to know the information in my file that NJ has?

    Can I demand that the Collection Agency sends me their requests in writing? They said they would not.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #4

    Feb 8, 2007, 02:31 PM
    Under federal law, you can tell the Collection Agnecy to go pound sand and continue to negotiate with NJ.

    Your best bet is a face-to-face meeting with the NJ tax people.
    Rossl's Avatar
    Rossl Posts: 7, Reputation: 0
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    #5

    Feb 9, 2007, 04:00 AM
    Quote Originally Posted by AtlantaTaxExpert
    Under federal law, you can tell the Collection Agnecy to go pound sand and continue to negotiate with NJ.

    Your best bet is a face-to-face meeting with the NJ tax people.
    Do you know where I can find a copy of the federal law?

    The collection agency stated that Chapter 172, P.L. 1992 permits them to review and reconcile the state tax account

    Thank you for your previous posts!
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #6

    Feb 9, 2007, 03:21 PM
    I believe it is the Fair Credit Reoporting Act.
    Rossl's Avatar
    Rossl Posts: 7, Reputation: 0
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    #7

    Feb 11, 2007, 08:02 AM
    I looked up the fair credit act. It loks like that is geared towards credit reports not tax issues, unless there is something I don't understand.

    If I go to meet the NJ division of taxation in person for a review should a bring a lawyer?

    How can I find one that would know NJ, NY and federal?

    I am now worried about federal also, because NJ sent me a 1099 for the"refund (that they want back)" for 2006. It says $xxxxx refunded for tax year 2003, dated in 2006 when they sent the refund. It loks like I am now supposed to clain this for income in 2006
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
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    #8

    Feb 11, 2007, 10:22 PM
    If NJ will not listen to reason, then a lawyer may be a wise move.
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