State tax filing

Severance pay received by a nonresident is not taxable for Georgia purposes. Nontaxable severance pay is defined as pay that is received for which no services are rendered in Georgia. Any portion of the income included in the W-2 that is received for past or future services rendered in Georgia, including accrued vacation, sick pay, and holidays, will still be taxable for Georgia purposes as is outlined in the next question. For example, a taxpayer is terminated by a Georgia employer but the employer agrees to pay them $500.00 per week severance pay for two weeks. No services are required to be rendered to receive this pay. The first week the taxpayer receives a check for $1100.00, which includes $500.00 of severance pay and $600.00 of accrued vacation pay. The $600.00 accrued vacation pay is taxable for Georgia purposes but the $500.00 severance pay is not taxable. The next week the taxpayer receives a check for $500.00 for severance pay. This is not taxable for Georgia purposes.

If a nonresident works in Georgia, he/she is taxed on all income that is received from an employer, including vacation, holiday, and sick pay, based on regulation 560-7-8-.01(b)(1), unless he/she falls under the 5% exception of Georgia code section 48-7-1(11)(A). Georgia regulation 560-7-8-.01(b)(1) is clear that for a nonresident the actual number of days worked in Georgia divided by the total days worked everywhere is the ratio that should be applied to determine Georgia source income. If the nonresident only works in Georgia, the ratio would be 100% and all income that is included in the W-2 that is received for past or future services rendered in Georgia, including vacation, holiday, and sick pay, would be taxable for Georgia purposes.