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January 12, 2023
Question

Other state income

  • January 12, 2023
  • 1 reply
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I live in Ohio and for part of the year my job was located within Ohio. It was later relocated to Kentucky. I am unsure if I need to file for both states or only Ohio. 

    1 reply

    DaveF1006
    January 12, 2023

    Yes, you may need to file in both states if there is Kentucky state taxes taken out of your paycheck. if so, you should file a Kentucky State tax return as a non-resident to receive a refund for the taxes withheld or receive a credit on your Ohio resident return for the taxes paid in Kentucky.  If you have no taxes withheld for the state of Kentucky, then you are not obligated to file a Kentucky non-resident return.

     

    As a FYI, Kentucky and Ohio have reciprocal state agreements where there will not be taxes withheld in those states for non-residents. If this is the case, you will need to fill out a form 42A809 and submit to your employer. Here is a link for that form.

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    Hal_Al
    Employee
    January 13, 2023

    Q. I am unsure if I need to file for both states or only Ohio?

    A. Only Ohio, because KY & OH are "reciprocal states".  You will only need to file KY, to get a refund, if your employer mistakenly withholds KY tax*.  

    @DaveF1006  said: "you should file a Kentucky State tax return as a non-resident to receive a refund for the taxes withheld or receive a credit on your Ohio resident return for the taxes paid in Kentucky".

     

    Because of the reciprocity agreement, Ohio will NOT give you a credit for tax paid to KY.  The only way to get KY withholding back is to file for a refund from KY.  KY has a specific form (740 NP-R ) for a reciprocal state refund. Rather than paying TurboTax for KY software, you should try filing that form by hand. It looks pretty  simple. 

    https://revenue.ky.gov/Forms/740-NP-R.020521.pdf

     

    As DaveF1006 said, you want to file the form ( Form 42A809 ) to ask your employer not to withhold KY tax. 

     

    *However the reciprocity agreement does not apply to local city or county taxes.  You can not get those refunded. But if you live in an Ohio city with a tax, they may give you a credit or partial credit. Many do.  You need to check with your city.

    If you are subject to Ohio School District Income Tax (SDIT), you can not get a credit, for KY local taxes withheld, on an SDIT return.