If your employer withheld North Dakota income tax in 2022 then you should file a non-resident North Dakota income tax return to get back all your money.
You will not have a credit for tax paid to ND because you are getting all the money back as a refund.
On your North Dakota nonresident return, change your wages to $0, print out the form and follow these steps from ND:
If you received wages covered by reciprocity, and your employer withheld North Dakota income tax of $5.00 or more from them, you must file a North Dakota individual income tax return at the end of the tax year to obtain a refund of the amount withheld.
If this applies to you and you do not have any other gross income from North Dakota sources, complete Form ND-1 as follows:
- Complete the applicable items at the top of Form ND-1, page 1 (through line E), as instructed.
- For item F, fill in the circle next to “MN/MT RECIPROCITY” at the top of Form ND-1, page 1. Also enter “MN” or “MT”, whichever applies, in the space under “State.”
- Leave lines 1 through 25 blank.
- Fill in the amount of the North Dakota income tax withheld on lines 26, 28, 29, and 32.
- File Form ND-1 with a copy of your federal return and Form W-2s showing North Dakota income tax withholding.
If your wages are covered by reciprocity and you do not want your employer to withhold North Dakota income tax from them, you must obtain and complete Form NDW-R and give it to your employer.
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