Question

State refund for paying taxes to state I don't reside in

Forum|Forum|4 years ago
April 30, 2022
2 replies
0 views

I already filed my 2021 taxes. I live and work in Nevada after moving from IL in 2020. My employer is in IL. They withheld IL taxes for the entire year and a portion of this year before realizing they should not be withholding anything. What can I do to get a refund for 2021 for paying all those taxes to IL? Separate question but related, but since taxes have been withheld for the first 3.5 months of this year, is there a way to have this refunded as well?

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M

Mike9241

did you file an Illinois return for 2021? if not you file a non-resident return. for 2022, there are two ways to get a refund, 1) ask your employer for a refund. it would have to file an amended IL-941 to get back the taxes from IL. they don't have to do this. 2) in 2023 file another non-resident return

A

a2thek26Author

@Mike9241 Yes, I've already filed for 2021. Can I amend a return and file as a non-resident?

T

TomD8

Employee

For tax year 2021: in order to receive a refund of the incorrectly withheld Illinois taxes, you must file a non-resident IL return, on which you allocate zero income to IL.

For tax year 2022: unless your employer is able to correct the situation at this point, at year's end you'll have to file another non-resident IL return just as above.

Note: this assumes you never physically work in Illinois. Illinois can tax you as a non-resident on income from work actually performed within Illinois.

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