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Florida is my primary residence and work from there majority of the time. My company’s office is out of Atlanta, GA and they withhold GA taxes - will the state refund?

In 2021 I spent about 60% of time in Florida and in 2022 I will spend closer to 90%. Can I, and what is the best approach to obtaining a refund? Am I able to have my company not withhold for GA, proactively in 2022?
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3 Replies
DianeW777
Expert Alumni

Florida is my primary residence and work from there majority of the time. My company’s office is out of Atlanta, GA and they withhold GA taxes - will the state refund?

You are required to file and will pay tax to Georgia (GA). The filing requirements for Georgia for nonresidents is as follows, the key being the wages earned from Georgia sources (and the percentage of the wages from GA sources) :

 

Non-Residents: Non-residents who work in Georgia or receive income from Georgia sources and are required to file a Federal income tax return are required to file a Georgia Form 500 Individual Income Tax Return.

Some examples of Georgia source income are:

  • Wages
  • Georgia Lottery Winnings
  • Income from flow through entities (S-Corporations, Partnerships, LLCs, Trust, and estates
  • Rents

If you are a legal resident of another state, you are not required to file a Georgia income tax return if:

  • Your only activity for financial gain or profit in Georgia consists of performing services in Georgia for an employer as an employee 
  • The compensation for services performed does not exceed the lesser of five percent of the wages in all places or $5,000.00

 A full explanation of how to compute the tax for non-residents is provided in the instruction booklet.

 

If Florida (FL) had income tax you could receive a credit for taxes paid to another nonresident state, however FL has no personal income tax. Even if you did stop the withholding, which the employer may not have authority to do, you will still have tax due in GA if this is your only employer or the employer where the greater salary is earned.

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Hal_Al
Level 15

Florida is my primary residence and work from there majority of the time. My company’s office is out of Atlanta, GA and they withhold GA taxes - will the state refund?

Q.   Am I able to have my company not withhold for GA, proactively in 2022?

A.  Probably not.     The rule is you have to file if your GA wages are the lesser of five percent of the wages in all places or $5,000.00.  They may let you reduce the amount of withholding. 

 

Reference: https://dor.georgia.gov/filing-requirements

 

Plan on filing a GA return every year

 

 

Florida is my primary residence and work from there majority of the time. My company’s office is out of Atlanta, GA and they withhold GA taxes - will the state refund?

 

"My company's office is out of Atlanta, GA"

 

Just to clarify:

 

You're not liable for GA income tax unless you physically work in GA.  Your employer's location doesn't determine your state tax obligations; the issue is where you actually work.

 

Any earnings from work you actually carry out in GA are taxable by GA.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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