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    brobey's Avatar
    brobey Posts: 2, Reputation: 1
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    #1

    Feb 22, 2012, 07:12 AM
    My employer withheld NY state tax incorrectly - what to do?
    Hello,

    I started working for a company in August and I was working from home in Maryland, but the HQ of the company is in NY. For the first 2 months of working for this company, they incorrectly withheld NY state tax instead of MD state tax.

    What do I need to do to get the money that was paid to the state of New York back?

    Thanks,
    Brian
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Feb 22, 2012, 08:59 PM
    You will need to file a NY State tax return showing that you have $0 NY State income, and hence get a full refund of the NY taxes that were withheld from your paycheck.
    brobey's Avatar
    brobey Posts: 2, Reputation: 1
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    #3

    Feb 23, 2012, 07:24 AM
    ebaines - follow-up question: Should I use the standard NY tax return form or should I use the "Non-Resident" form?
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Feb 23, 2012, 08:40 AM
    You are a non-resident of NY State, so use the non-resident form, IT-203. With IT-203 you can document that none of your income is from NY sources, and so your NY income tax should be $0.
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