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February 11, 2022
Question

Which state do I file in if I lived in one but received unemployment in another?

  • February 11, 2022
  • 2 replies
  • 0 views

Hi,

 

In 2021 I lived in Kentucky but received unemployment from West Virginia. Do I record the money I received from unemployment as money earned in WV, in KY or both WV and KY? 

2 replies

Employee
February 11, 2022

It's taxable in both states.  WV taxes non-residents on unemployment earned from employment in WV.  KY taxes its residents on all their income regardless of its source.

You will be able to claim a credit on your KY tax return for the taxes you pay to WV, so in effect you won't be double-taxed.

 

 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
February 11, 2022

Just WV. Kentucky law says all unemployment earned as a Kentucky resident is subject to KY income tax.  Since you earned the unemployment in WV, it would not be taxable by KY. 

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Employee
February 11, 2022

From Kentucky Administrative Regulations 103 KAR 17:060:

 

Section 2. Taxation of Residents. The entire net income of a resident shall be subject to
Kentucky income tax regardless of its source. Income from out of state sources shall not be
exempt.

https://revenue.ky.gov/DOR%20Training%20Materials/103%20KAR%2017.060.%20Income%20subject%20to%20taxation;%20portions.pdf

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