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trgina63
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Do I have to pay state income taxes to NJ on severance payments even if I become a FL resident in January?

I notified the previous employer that I was a FL resident, but they continued to withhold NJ State Income Tax on the monthly severance payments.  Am I entitled to file with NJ for a refund of the State Income tax paid to them?

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Do I have to pay state income taxes to NJ on severance payments even if I become a FL resident in January?

This is tricky, because NJ taxes nonresidents on payments received  "for services performed in New Jersey."  Specifically, severance pay is considered to be New Jersey source income, under N.J.S.A. 54A:5-8.

https://law.justia.com/codes/new-jersey/2009/title-54a/section-54a-5/54a-5-8

I suggest you call the NJ tax authority, and discuss it with them

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2 Replies

Do I have to pay state income taxes to NJ on severance payments even if I become a FL resident in January?

Jan of 2017, or Jan of 2018?

Do I have to pay state income taxes to NJ on severance payments even if I become a FL resident in January?

This is tricky, because NJ taxes nonresidents on payments received  "for services performed in New Jersey."  Specifically, severance pay is considered to be New Jersey source income, under N.J.S.A. 54A:5-8.

https://law.justia.com/codes/new-jersey/2009/title-54a/section-54a-5/54a-5-8

I suggest you call the NJ tax authority, and discuss it with them

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