Skip to main content
February 7, 2023
Question

Do I need to file an out of state return on this form OMB 1545 that I received from a previous employer?

  • February 7, 2023
  • 1 reply
  • 0 views

I moved from California to Texas in October of 2021. In 2022, my previous employer (a municipal agency) paid me backpay for miscalculations they made with overtime payments years earlier after a lawsuit (not mine) changed the way all cities calculate overtime payments. My former employer issued me a form OMB 1545-0008 for the amount of the backpay. Do I need to file a return in California even though I was not living or working there the year the form was issued (2022)? 

    1 reply

    February 7, 2023

    Yes, you should file a California tax return.  Because the payment was for work done in California while living in California, it is taxable by them. A Form OMB 1545-0008 is a Form W-2, and the information will be reported to the IRS, and should be reported to the California Franchise Tax Board.   

    **Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"