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Employee
May 31, 2019
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I live in NY but work in NJ and my employer witheld NY and NJ taxes. Will I get my NJ taxes refunded?

  • May 31, 2019
  • 5 replies
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Best answer by MelanieP

Yes. If you are due a refund from New Jersey you will receive it. Because you live in one state and work in another you are required to file 2 state tax returns;

A non-resident tax return for New Jersey, (link below,)

EXAMPLE : Jane Henderson was a full-year resident of New York who worked in New Jersey from July through November. She files a “full year” nonresident return because she was a nonresident for the entire year. Her New Jersey nonresident return will show the income she received during the period she was a nonresident i.e., January–December.

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git612_09.pdf

Here is the link to the New Jersey department of revenue main page;

]http://www.state.nj.us/treasury/taxation/general-information.shtml

Then you will file a second state tax return as a resident of New York. The link to the home page is the short link and full year resident filing form and instructions are the 2 links below is below that;

http://www.tax.ny.gov/

EXAMPLE: Filing Information for New York State residents

If you are a New York State resident you must file Form IT-201, Resident Income Tax Return, if you meet any of the following conditions:

  • You have to file a Federal tax return.                                                                               
  • You did not have to file a federal return but your federal adjusted gross income1 plus New York additions2 was more than $4,000 ($3,100 if you are single1 and can be claimed as a dependent on another taxpayer's federal return).
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.

Do not file Form IT-201 if you were a New York State resident for only part of the year. If you moved into New York State on any day other than January 1, or moved out of New York State on any day other than December 31, see Filing information for New York State part-year residents.

You may have additional filing responsibilities if you are a New York City or Yonkers resident or part-year resident or you have Yonkers income

Form IT-201

http://www.tax.ny.gov/pdf/current_forms/it/it201_fill_in.pdf?_ga=1.260069837.151507608.1423420310

Instructions for resident filing and form IT-201;

http://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf?_ga=1.105994051.151507608.1423420310

The bottom line is that you might even get 2 state refund checks one from New York and 1 from New Jersey.















5 replies

GABEPV544Author
Employee
May 31, 2019
I went thru the entire entry process for Federal and both NY and NJ state returns on turbo tax and am getting small refunds of under $200 from each state.  I paid NJ state tax of almost $2400 and almost $1800 in NY state tax.  I do not feel this could be correct.  Why wouldn't I be getting all of my NJ tax back?
Employee
May 31, 2019
You may want to take a look at the important changes to New Jersey state tax law in 2014. I am including the link and this should clarify why your return might be lower this year.  <a href="http://www.state.nj.us/treasury/taxation/new2014.shtml" rel="nofollow" target="_blank">http://www.state.nj.us/treasury/taxation/new2014.shtml</a>  (if link does not work please copy and paste into new browser tab.)
GABEPV544Author
Employee
May 31, 2019
didn't see anything pertinent to my issue at that link.  I emailed NJ taxation seeking answers.  Thanks anyways.
Employee
May 31, 2019
What was the response from NJ Taxation?
MelaniePAnswer
Employee
May 31, 2019

Yes. If you are due a refund from New Jersey you will receive it. Because you live in one state and work in another you are required to file 2 state tax returns;

A non-resident tax return for New Jersey, (link below,)

EXAMPLE : Jane Henderson was a full-year resident of New York who worked in New Jersey from July through November. She files a “full year” nonresident return because she was a nonresident for the entire year. Her New Jersey nonresident return will show the income she received during the period she was a nonresident i.e., January–December.

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git612_09.pdf

Here is the link to the New Jersey department of revenue main page;

]http://www.state.nj.us/treasury/taxation/general-information.shtml

Then you will file a second state tax return as a resident of New York. The link to the home page is the short link and full year resident filing form and instructions are the 2 links below is below that;

http://www.tax.ny.gov/

EXAMPLE: Filing Information for New York State residents

If you are a New York State resident you must file Form IT-201, Resident Income Tax Return, if you meet any of the following conditions:

  • You have to file a Federal tax return.                                                                               
  • You did not have to file a federal return but your federal adjusted gross income1 plus New York additions2 was more than $4,000 ($3,100 if you are single1 and can be claimed as a dependent on another taxpayer's federal return).
  • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay.

Do not file Form IT-201 if you were a New York State resident for only part of the year. If you moved into New York State on any day other than January 1, or moved out of New York State on any day other than December 31, see Filing information for New York State part-year residents.

You may have additional filing responsibilities if you are a New York City or Yonkers resident or part-year resident or you have Yonkers income

Form IT-201

http://www.tax.ny.gov/pdf/current_forms/it/it201_fill_in.pdf?_ga=1.260069837.151507608.1423420310

Instructions for resident filing and form IT-201;

http://www.tax.ny.gov/pdf/current_forms/it/it201i.pdf?_ga=1.105994051.151507608.1423420310

The bottom line is that you might even get 2 state refund checks one from New York and 1 from New Jersey.















GABEPV544Author
Employee
May 31, 2019
I went thru the entire entry process for Federal and both NY and NJ state returns on turbo tax and am getting small refunds of under $200 from each state.  I paid NJ state tax of almost $2400 and almost $1800 in NY state tax.  I do not feel this could be correct.  Why wouldn't I be getting all of my NJ tax back?