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Level 1
April 4, 2026
Question

Georgia Nonresident: Can I reclaim withholdings if I made less than 5%/$5,000 in Georgia?

  • April 4, 2026
  • 1 reply
  • 127 views

My situation: I am a resident in TX who worked in 10 different states last year and had withholdings in multiple of these states. My total income was $120K. One state was Georgia, where I made $3K. I had $125 withheld. According to Georgia's DOR, I do not meet the definition of a taxable nonresident and do not have a filing requirements. ("Your only activity for financial gain or profit in Georgia consists of performing services in Georgia for an employer as an employee AND The compensation for services performed does not exceed the lesser of five percent of the wages in all places or $5,000.00").

 

Does this mean that my company was also not required to withhold Georgia tax, my Georgia income tax was actually $0, and I should file to get a refund of my full taxes by overriding my $3,000 Georgia income on my W2?? Or, does this solely release me from my filing obligations and I am still out the $125? I can't seem to find the answer anywhere and would love to receive money back if possible. 

1 reply

MaryK4
Level 15
April 4, 2026

You can file a nonresident tax return for 2025 to get the Georgia withholding refunded.  If you file the return, you may be able also file as EXEMPT for Georgia for 2026 on a W4 so that Georgia tax is not withheld for 2026.  Your employer cannot decide to not do Georgia state withholdings unilaterally (you must file the exempt W4) because they do not know if you were required to file the Georgia state tax return.  Each state has its own rules for withholdings which makes it even more difficult for both the employers and employees.  

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