Do I need a 1040NR?

[Tur-boSnail20]

I received my W-2 from my old employer, I lived in NJ (worked in DE) for 2 months and then lived in DE for the rest of the year (and worked DE). My employer has box 16 and 17 filled out for DE, but for NJ only has box 17, not 16. I asked for a corrected W-2 but they said I need a 1040NR. I was told by someone else that I don't need a 1040NR because that is for new citizens. I'm a little confused on what I need to do. 

[DavidD66]

You do not want to file a Form 1040-NR.  That is for non-resident aliens.  You don't need a corrected W-2 to file your tax returns.  Since you worked in Delaware the entire year, 100% of your income is taxable by Delaware.  Since you were a resident of NJ for two months, the income you earned during that period are also taxable by NJ, but you will get a credit for the tax you pay to Delaware on that portion of income, so that you aren't double taxed.  You will file a part-year resident return for both states.  You will have to allocate your income to each state as you go through the state program interviews in TurboTax.

[Tur-boSnail20]

Thank you, unfortunately I'm unable to file, I can't continue unless box 16 on my w-2 is filed out for NJ. I have tried everyone and everything. I'm so stressed out right now, I'm not sure what else to do. 

[AmyC]

Not convinced you need to file NJ. The employer thought you should file a NJNR for non-residents of NJ.

I have 2 thoughts.

1. Were you actually a NJ resident or just passing time until you became a DE resident? If so, you don't need to file NJ at all. Non resident with no income.

2. If  you were a part year resident: Do you have pay stubs where you can get a reasonable estimate for your NJ wages? If so, then use that number. It sounds like nothing was reported to NJ so a reasonable number that you can back up will be valid if they choose to ask questions.