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Level 1
posted Oct 29, 2022 7:40:57 AM

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?

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!

0 11 904
11 Replies
Level 15
Oct 29, 2022 7:55:13 AM

"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?

Level 1
Oct 29, 2022 7:59:32 AM

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.

Level 15
Oct 29, 2022 8:03:28 AM

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?

Level 1
Oct 29, 2022 8:22:30 AM

correct @xmasbaby0

Level 1
Oct 29, 2022 8:27:27 AM

correct!

Level 15
Oct 29, 2022 8:43:20 AM

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. 

Level 1
Oct 29, 2022 8:59:12 AM

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.

 

 

Level 15
Oct 29, 2022 9:05:36 AM

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

Level 1
Oct 29, 2022 9:09:45 AM

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

Level 15
Oct 29, 2022 9:37:43 AM

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.

Level 1
Oct 29, 2022 9:40:17 AM

thank you for all your help everyone!