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Level 2
posted Mar 29, 2021 10:59:07 AM

I live and worked IN FL and got 2 W2's one from Florida and one from NJ and they took out state taxes in NJ do I need to file a NJ state return?

I live and worked IN FL and got 2 W2's one from Florida and one from NJ and they took out state taxes in NJ do I need to file a NJ state return?  It is a small company with 2 owners each send there own W2 and they have a warehouse in NJ . I have never been there or worked in NJ

 

Also TurboTax wanted me to buy a Florida state add on to do my return even though we do not have to do state returns.

 

Thanks

0 3 1440
3 Replies
Employee Tax Expert
Mar 29, 2021 11:27:37 AM

Yes. If New Jersey income tax was withheld from your wages, you must file a New Jersey nonresident return to obtain a refund.

 

New Jersey sourcing rules dictate that income for non-residents is sourced based on where the service or employment is performed. It is important to note that there would be different rules if this was a temporary situation due to Covid-19, but it does not seem to be relevant to your tax situation. Because you performed services in Florida (and not New Jersey), you were not liable to pay the tax and therefore, will get a full refund of state tax paid.

 

The first thing you want to do is make sure you've filled out the Personal Info section correctly:

  1. With your return open, select My Info in the left-hand menu.
  2. Then, on the Personal info summary screen, scroll down to Other State Income, and select Edit.
  3. At the Did you make money in any other states? question, answer Yes and make sure your nonresident state is selected from the drop-down.
  4. Select Continue to return to your Personal info summary.
  5. Click on State on the left hand side. 
  6. Add the state of New Jersey as a non-resident. 
  7. Follow the on-screen instructions. 
  8. Enter 0 for all of the New Jersey sourcing screens.​​​​​​​

Telecommuter COVID-19 Employer and Employee FAQ

 

Level 2
Mar 31, 2021 4:14:09 PM

I am using turbotax for windows so the screens were exactly like you described but I clicked I earned money in another state ad picked NJ. When I go to do my State return it wants me to buy the Florida and NJ state tax programs at $45 each. Why would I need florida since Florida does not have a state income tax  FYI I used PA as my free state for another return

 

Thanks

Expert Alumni
Mar 31, 2021 5:16:00 PM

As you say, Florida does not have an income tax return, but it does have a tax on tangible personal property - typically this affects owners of rental property who file on form 1040.

 

This is the form being referred to. Unless you have such property, you don't have to file it.

 

On the W-2s, is there a reference to FL in box 15? If so, please delete it, because I doubt that there are any entries in boxes 16 and 17.

 

As noted above, however, you do need to file the New Jersey return if you want to get your withholding back. The employer has already send the withholding to the state, and the only way you will get it back is by showing on a New Jersey nonresident return that you don't owe it.

 

And please ask your employer to stop withholding in New Jersey.