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February 12, 2023
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Confusion with W-2s for multiple states

  • February 12, 2023
  • 1 reply
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Greetings everyone! I have a confusing situation I don't see addressed here yet, so I thought I'd ask for help.

In 2022, I worked remotely full-time from my home in Virginia as an employee for a consulting agency. I am "assigned" to the company's nearest office to me which is in Maryland (but I never went in to that office in 2022).

 

I received three W-2s from my company; they each have tax data as follows:

  1. Virginia W-2 (completely filled out)
    Box 16 shows an amount = 100% of my wages from box 1;
    Box 17 shows zero state tax paid
  2. Maryland W-2 (only boxes 15-17 filled out)
    Box 16 shows an amount ≈ 99% of my wages from box 1;
    Box 17 shows state tax paid of ≈7.2% of the amount in Box 16.
  3. Massachussetts (?!) W-2 (only boxes 15-17 filled out)
    Box 16 shows amount ≈ 0.5% of my wages from box 1;
    Box 17 shows state tax paid of ≈ 2.5% of the amount in Box 16.

What's the best way to handle this? My main concern is it seems like this W-2 is saying I earned ~ 100% of salary in both VA & MD, making me subject to tax on 2x my salary. For its part, TurboTax pulled in this W-2 directly, lists each state's data on a separate line, and says I owe thousands of dollars to Virginia (since that W-2 shows no state tax paid) with no mention of MD or MA.

 

Really confused by this...thanks in advance for any advice! 🙏
—snoqualmie17

    Best answer by MAK70

    Maryland and Virginia have a reciprocity agreement so if you are a resident of one state and work in the other you only have to pay and report taxes in your resident state.  Because the company is in Maryland they withheld for Maryland (I assume).  You should contact HR and ask them for the form so that you can change that to Virginia for 2023.  For 2022 you can file a Maryland nonresident return and report zero Maryland wages to get the withholding refunded, and then file your Virginia return reporting the income.  Did you work in Massachusetts at all?  It seems they allocated some wages to Massachusetts- you would have to file a Massachusetts nonresident return and you would be able to get a credit on your Virginia tax return for the taxes paid to another state.

     

    In TurboTax, it is recommended that you file the nonresident tax returns first so that you will have the credit amount to apply in Virginia.

    1 reply

    MAK70Answer
    February 12, 2023

    Maryland and Virginia have a reciprocity agreement so if you are a resident of one state and work in the other you only have to pay and report taxes in your resident state.  Because the company is in Maryland they withheld for Maryland (I assume).  You should contact HR and ask them for the form so that you can change that to Virginia for 2023.  For 2022 you can file a Maryland nonresident return and report zero Maryland wages to get the withholding refunded, and then file your Virginia return reporting the income.  Did you work in Massachusetts at all?  It seems they allocated some wages to Massachusetts- you would have to file a Massachusetts nonresident return and you would be able to get a credit on your Virginia tax return for the taxes paid to another state.

     

    In TurboTax, it is recommended that you file the nonresident tax returns first so that you will have the credit amount to apply in Virginia.

    February 14, 2023

    Thanks SO MUCH much for that detailed answer @MAK70, that was incredibly helpful! I've got this setup in TurboTax now, with a separate Maryland nonresident return (with zero MD wages.)

    Great news: Maryland's state taxes are apparently higher than Virginia's, so the credit from Maryland is greater than what I owe to Virginia, which means I'll actually get a sizable refund from this (I'd have been pretty frustrated if that had gone the other way!)

    Not so great news: TurboTax indicates I owe an underpayment penalty to Virginia (stands to reason, since my company sent zero state tax to VA this year).  Thankfully it's only about 20% of the net refund I'll get after I apply the MD credit to my VA taxes. Any way around that penalty?
    Also, it looks like I'll also have to pay TurboTax the filing fee for an additional state. Again, not a dealbreaker, but definitely incentive to get this 
    ironed out before next year.

    Final question: in my MD state return, TT asks: 

    We noticed that you have no Maryland source income even though you have taxes withheld on your Maryland return. If taxes were withheld in error, check the box below.

    I'm guessing I should check that box, correct?

     

    Thanks so much again for your help, really appreciate it (do you have a tip jar? 😎)

    February 14, 2023

    I would send an email to Individuals and ask if you could get an abatement of the penalty because your employer withheld for the wrong state.  (It's worth a shot.)

    Yes you will want to check the box that Maryland taxes were withheld in error. 

    @snoqualmie7