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Student is MD resident and dependent on our MD and federal tax returns. MA Univ withholds MA tax from her student job. How do we recoup the withholding?

Forum|Forum|7 years ago
June 6, 2019
4 replies
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I expect we will have to file a nonresident return for MA, but there's no place to note that she's a dependent on our return.

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Best answer by TomD8

The only way for her to obtain a refund of any excess MA withholding is for her to file an MA tax return.

NOTE: MA requires her to file as an MA resident if she "maintained a permanent place of abode" in MA, AND she spent 183 days or more of the taxable year in MA. For further details and definitions see this reference: http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/resi...

Otherwise, she would file her MA return as a non-resident.

You might note that "permanent place of abode" (among other things) does NOT include a college dorm room, or a university-owned apartment available only to university faculty, staff, or students.

S

SweetieJean

Employee

and she will have to file own Federal and MD resident returns as well

D

dmertz

Employee

Not sure what you mean by "we." *She* will have to file a nonresident MA tax return. It's her tax withholding, not yours.

D

dmertz

Employee

if her income is high enough to require filing federal and MD tax returns.

T

TomD8Answer

Employee

The only way for her to obtain a refund of any excess MA withholding is for her to file an MA tax return.

NOTE: MA requires her to file as an MA resident if she "maintained a permanent place of abode" in MA, AND she spent 183 days or more of the taxable year in MA. For further details and definitions see this reference: http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/resi...

Otherwise, she would file her MA return as a non-resident.

You might note that "permanent place of abode" (among other things) does NOT include a college dorm room, or a university-owned apartment available only to university faculty, staff, or students.

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