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I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

I received a letter from the VA tax department saying I owe $1000+ in taxes. After going back and forth, they figured out my situation: There is a law that states if I live in VA and work in MD, all taxes are due to VA, and $0 are due to MD. Unfortunately, either the way I filed with TurboTax, or TurboTax themselves, provided no way for this to accurately be applied. I need to know how to amend this situation, get a refund from MD (don't know why they haven't refunded it by now since it's a pretty clear error for them), and refile for both VA and MD with correct 2016 tax year forms.
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14 Replies

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

Did you have Maryland withholding?

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

In the Personal Info section of the program you were asked specifically for your resident state and if you earned money in any other states.  You should have indicated that your resident state was Virginia and that you earned money in Maryland.
The program would have had you file both a VA and MD state tax return based on the income and taxes you paid to either or both states.
Additionally, you should have given your Maryland employer Form MW507 Employee’s Maryland Withholding Exemption Certificate to exempt you from paying MD state income taxes - <a rel="nofollow" target="_blank" href="http://forms.marylandtaxes.com/current_forms/mw507.pdf">http://forms.marylandtaxes.com/current_forms...>

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

I did indeed indicate that I lived in VA and worked in MD. I don't recall any time that allowed me to enter a Form MW507 or told me I need to do so. I also worked in VA as well for a large portion of 2016 and made sure that I filled in those fields when filing.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

Was the MD state form e-filed and accepted by the state?  Use this TurboTax website to check the status of an e-filed return and if it was either accepted or rejected - <a rel="nofollow" target="_blank" href="https://turbotax.intuit.com/tax-tools/efile-status-lookup/">https://turbotax.intuit.com/tax-tools/ef...>
If accepted by the state and the MD return showed a state tax refund what is the status of the MD state refund - <a rel="nofollow" target="_blank" href="https://ttlc.intuit.com/questions/2896714-how-do-i-track-my-maryland-tax-refund">https://ttlc.intuit...>
The Maryland Form MW507 is not included in the TurboTax program.  That is something that you as the employee have to give to the MD employer.  Your employer should have also told you about this exemption if they knew that you were a VA resident.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

Unfortunately when I click on the link to lookup, it gives me an error status 2000 page. However, on my profile, I can see that Federal, MD, and VA taxes all have an accepted status. The Form MW507 looks familiar, but I think I filled it out after I had done my taxes. My employer isn't very fast about these things given I had lived in VA since the December of 2015.
TerryA
Intuit Alumni

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

Next year, if your only MD income is wages and no MD taxes were withheld (that's what MW507 does for you as DoninGA mentions), in Personal Info tell TT that you didn't make money in any other state (since MD can't tax your wages as a VA resident). In fact, don't mention MD to TT at all. Selecting *Yes* to "making money in any other state" tells TT that you need to file a nonresident return for that state.
Hal_Al
Level 15

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

In the personal info section, when it asks if you made money in another state, answer NO, per the reciprocal state instructions, on that page. This will prevent TurboTax from thinking you need to file a MD return.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

If the taxpayer wants a refund from MD, then it sounds like they never filed the proper form with their employer, and as a result they had MD tax withheld.  My understanding is that in that case, they must file 2 returns and can't apply the reciprocity agreement for that year.

They need to file the form and make it effective for January 1, 2018, and file 2 state returns for 2016 and 2017.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

I also don't know any way of invoking the reciprocity agreement retroactively.  But even if there is, MD won't refund your MD tax paid until you file the proper forms with them (assuming there is a form -- I don't think there is.  I think you need to use method 1 and get that straightened out.)
Hal_Al
Level 15

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

I read it that his employer properly did not withhold any MD tax. He accidentally filed an MD return and paid tax. He needs to file an amended return to get that refunded

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

True, IF the MW507 was filed before January 1 2016, and the taxpayer had only VA withholding, they need to file an amended MD return to get a refund, and file an amended VA return that removes the fact that they had income in another state.
Hal_Al
Level 15

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

In the personal info section, when it asks if you made money in another state, answer NO, per the reciprocal state instructions, on that page. This will prevent TurboTax from thinking you need to file a MD return.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

Here is what you need to know (that the experts above know but aren't quite explaining 😉

When you live in one state and work in another, the general rule is that you file a non-resident return in the state where you work, to pay income tax on the income earned in that state.  Then, you file a resident return for the state you live in, and you report and pay income tax on all your worldwide income and deductions, including your other-state income.  You get a credit on your resident return for your out of state tax paid, so that you aren't double taxed.  For example, if your MD tax on your MD income was $3000, and your VA tax was $3005, you would pay $3000 to MD and $5 to VA.  For this to work best in Turbotax, you prepare your non-resident return first and your resident return last so the credit is properly applied.

When you work in one state and live in another state and there is a tax reciprocity agreement, this first method still works and is perfectly legal.  However, there is also a second method.  You file a special form with your MD employer telling them that you are a VA resident and you want them to withhold only VA tax.  Then you only file a VA tax return. This does not really change your overall tax but it does make tax filing simpler.

So if you want to use this method going forward, you will want to file that form with your employer before January 1, 2018.  However, for 2017, since MD tax was withheld, you can only use method 1 for your 2016 and 2017 taxes.

If VA has a problem with your 2016 taxes, then you need to check your tax returns and see what you actually filed.  You should have filed a MD non-resident return and a VA resident return that lists your MD tax as a VA credit.  And, both these tax returns need to have been filed, processed and accepted by the respective states.  If one or both of the tax returns was never accepted, print it out, sign it, and file it now.  If both returns were accepted, you should probably mail VA a copy of your MD tax return showing the tax you paid and the credit you claimed on the VA return (from using method 1).

If VA thinks you owe tax for 2016 then either the VA return was never received -- so they think you owe full VA tax and aren't giving you credit for MD tax because you didn't claim it -- or the MD return was never received so MD has been unable to verify to VA that you actually paid the MD tax you claimed a credit for.

Start by carefully examining your tax return to see what you actually claimed.

I lived in VA and worked in MD in 2016. I shouldn't have paid a single cent to MD for taxes, and I need to know how to fix this situation.

I generally agree with you for a non-reciprocal tax state...BUT... on the first situation....when MD taxes (reciprocal state) are withheld when the W-2 employee lives in VA , you only file MD to get all the MD withholding back,  and indicate zero MD income so you can get all your MD withholding back.  No tax credit is allowed for VA in that situation. VA expects you to get all your withholding back on your own.   (which is want the VA tax letter says....no credit allowed for taxes paid to MD)

In the reverse situation, VA has a special 1-page tax form (763-S) for a MD resident working in VA (with improper VA withholding) that makes this process very simple....Haven't checked to see if MD has something similar that avoids a full MD tax return.
____________*Answers are correct to the best of my knowledge when posted, but should not be considered to be legal or official tax advice.*

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