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July 14, 2020
Question

multiple state taxes

  • July 14, 2020
  • 1 reply
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I live and work in ohio. I have a NY drivers license and my company took out NY taxes last year but I did not work in or live in the state. NY is listed on my w-2 how do I get all the taxes I paid NY back?

1 reply

Employee
July 14, 2020

In order to receive a refund of incorrectly withheld NY taxes, you must submit a non-resident NY tax return, showing zero NY income.

 

Note that if you were a remote worker for a NY employer, NY will consider your income taxable unless you worked remotely out of necessity of the employer, even if you are no longer a NY resident.

 

Also note that NY considers you a resident for tax purposes if your domicile is still in NY.  See this for details on that:  https://www.tax.ny.gov/pit/file/pit_definitions.htm#:~:text=Resident,for%20income%20tax%20purposes%20if%3A&text=your%20domicile%20is%20not%20New,State%20during%20the%20tax%20year.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
July 14, 2020

if I zero out the income for NY but I sow the taxes paid turbo tax states that I am showing greater than 25% taxes and can not file my return electronically. so is this wrong or do I just mail it in?

Employee
July 14, 2020

I recommend printing the NY return and mailing it in.  If you e-file it, it's liable to be auto-rejected because of the discrepancy with your W-2.  I'd also suggest attaching a note to the return, explaining the reason for the discrepancy.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.