CA_HI_NY_Man
Returning Member

Moved from CA to HI and worked in NY - Employer Incorrectly Reported Income to CA and not HI

Hi all!

 

I have been facing a lot of stress regarding state filing requirements for my 2021 notice. I received a Notice from the California Tax Board that I need to file a 2021 Tax Return and if I don't, I will have to pay 100% state taxes to CA as a past due. Here is my situation

 

In 2021:

  • I lived 100% in Hawaii and worked for a NY employer all of 2021 that I don't work for anymore
  • I received a W2 with two state W2s: CA and NY. My W2 Home address is a California address that I lived in 2020.
  • My employer did not change my address from CA to HI, I moved to HI at the beginning of 2021 (I lived in CA in 2020)
  • I filed a NY non-resident Tax Form and a HI resident Tax form for 2021.

 

My employer is refusing to issue a corrected W2 which reflects that I lived in Hawaii. Here is what I am planning:

  • I am planning on filing a Non-Resident CA tax form which shows $0 of W2 income for CA ,
  • supporting documents which include my HI and NY Tax returns which show I paid state income tax on my income
  • a written statement detailing that my ex-employer is refusing to issue a corrected W2 and that I lived and worked in Hawaii all of 2021.

 

Would this be enough to resolve the issue? Every time I call the California Tax Board, the customer service either emphasizes I need a corrected W2 or that I could try submitting a Non-Resident CA Tax form as above however there is no guarantee without the corrected W2. I am also trying to get a statement from my ex-employer with their official letterhead that states they incorrectly withheld income for CA but I am not holding my breath.

 

Any help would be appreciated!