I am a W2 freelancer, living in Fl, but my paychecks have my old NY address and I am being taxed by NJ. How should I go about filing my state tax for 2022?

[jhluboky76]

I've been employed by the same company for all of 2022.

I am a W2 freelancer, living in Fl, but my paychecks have my old NY address and I am being taxed by NJ. How should I go about filing my state tax for 2022?

Thanks for the help!

[xmasbaby0]

"my old NY address..."

You have not explained where your employer is.   Are you employed by an employer in the state of New York, or the state of New Jersey?   Why are you being taxed by NJ?   And when did you re-locate to the state of Florida?

[jhluboky76]

Hi!   Sorry for not being more clear.  My employer is in NJ.  I have lived in Fl for the past 3 years.   I usually bounce around between agencies that are located in NY/NJ.  But for all of 2022, I was strictly at one NJ agency.

[xmasbaby0]

So you have not lived or worked in the state of New York in 2022, but your employer is still using a New York address for you?   But the employer is withholding tax for New Jersey?

@TomD8?

[jhluboky76]

correct @xmasbaby0

[jhluboky76]

correct!

[Hal_Al]

You will need to file a nonresident NJ return to claim a refund of the NJ withholding. Ask you employer to stop doing that and give them your correct address. 

[jhluboky76]

Thanks for your help!

  In any case, would I be liable to pay the NJ state tax, because it is the state that pays me under a w2? 

I once read that and left this issue alone.  But now I am wondering if it's worth pursuing trying to get some money back from NJ.

[TomD8]

Did you physically work in NJ or NY in 2022, or was all your work done remotely from FL?

[jhluboky76]

All remote from FL.  I've been remote for about 4 yrs now.

[TomD8]

If you are a full-year Florida resident, and all your work was done remotely from a FL location, then your work income is not taxable by either NJ or NY.  If NJ (or NY) taxes were mistakenly withheld, you must file a non-resident NJ (or NY) return on which you enter the withholdings but declare zero NJ (or) NY income.  This will result in the incorrectly withheld taxes being refunded to you.

[jhluboky76]

thank you for all your help everyone!