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Level 2
March 9, 2023
Question

Which State?

  • March 9, 2023
  • 2 replies
  • 6 views

Hello,

 

My son's legal residence is in NY but he goes to college in SC.  He worked in a store there, although the W2 listed the company by its headquarters in AZ.

 

I am assuming I need to complete SC state return for him but just checking.  His gross was just under $2,600.

 

Thank you.

 

    2 replies

    Level 15
    March 9, 2023

    No. You will not have to file any returns for your son if his total income from everywhere is $2,600.

     

    Normally you would file a nonresident South Carolina return and a resident New York return. Going to college is considered a temporary absence, so your son is still a New York resident.

     

    However, SC doesn't require you to file if you are not required to file a federal return and the NY standard deduction for single filers is $3,100 so there is no NY income.

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    rgcostaAuthor
    Level 2
    March 12, 2023

    Thank you.  His total income was greater than $2,600, just not the SC part.  So he is filing Fed. and NY.  So I assume then he would need to file non-resident SC?

     

    Thanks.

     

    Rich 

    Level 15
    March 12, 2023

    Yes, he would need to file a South Carolina return as a nonresident receiving South Carolina income from wages.  This includes a SC1040 South Carolina Individual Income Tax Return and Schedule NR Nonresident Schedule. 
     

    @rgcosta 

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    Level 11
    March 9, 2023
    No text available
    **I don't work for TT. Just trying to help. All the best. . ***Say "Thanks" by marking as BEST ANSWER and clicking the thumb icon in a post and that I solved your question. **Mark the post that answers your question by clicking on "Mark as Best Answer" I am NOT an expert and you should confirm with a tax expert.