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New Member
posted Jun 5, 2019 10:18:11 PM

Can I claim a refund from the city of Dayton,OH as a non resident? I have already filed for a refund from Ohio as a non resident.

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1 Best answer
Level 15
Jun 5, 2019 10:18:13 PM

No. Any Ohio city, with an income tax, is allowed to have withholding taken out of your pay while you worked in that city. Your employer is required to do that withholding. You can't get a refund unless it was improperly withheld, i.e. you didn't actually work there for all or part of the time that your employer was withholding.  

 You normally only have to file a return in the city you live in. It is not necessary to file one in the city you work in, if different. Your employer will remit withholding to the city you work in, but you do not file a return unless you're claiming a refund or your employer didn't withhold enough ( both highly unusual). The city you live in will allow a credit or partial credit for the withheld tax you paid to the work location city. 

If you don't live in a city with a tax, Dayton still gets to keep your money.

3 Replies
Level 15
Jun 5, 2019 10:18:13 PM

No. Any Ohio city, with an income tax, is allowed to have withholding taken out of your pay while you worked in that city. Your employer is required to do that withholding. You can't get a refund unless it was improperly withheld, i.e. you didn't actually work there for all or part of the time that your employer was withholding.  

 You normally only have to file a return in the city you live in. It is not necessary to file one in the city you work in, if different. Your employer will remit withholding to the city you work in, but you do not file a return unless you're claiming a refund or your employer didn't withhold enough ( both highly unusual). The city you live in will allow a credit or partial credit for the withheld tax you paid to the work location city. 

If you don't live in a city with a tax, Dayton still gets to keep your money.

New Member
Jun 5, 2019 10:18:15 PM

Even if I don't live in the state?

Level 15
Jun 5, 2019 10:18:17 PM

Yes, you can NOT get that money back from Dayton. If you were a full year resident of MI or IN; those state have  provisions for claiming a credit or deduction. Some KY counties and cities will allow a credit, but not the state. There are some other states that do so too, such as MD & KS

Michigan will give you credit for that on the state return, but you have to attach a copy of the city return. So, even though the Ohio city does not require you to file a return, you have to file one to get the MI credit, even though there will be no tax due or refunded from the Ohio city.  

 Some (but not all) IN counties also allow a credit, or partial credit for tax paid to an OH city. That will come up in the IN state interview. A $2000 income deduction IN use to have was  eliminated starting in the 2016 tax year)