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I live in Iowa but work in Illinois. How do I file employee's statement of non residence in Illinois to be exempt from Illinois taxes

Turbo tax is defaulting to having me file for Illinois and Iowa
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4 Replies
DS30
New Member

I live in Iowa but work in Illinois. How do I file employee's statement of non residence in Illinois to be exempt from Illinois taxes

To claim the exemption, you must file Form IL-W-5NR, Employee's Statement of Nonresidence with your Illinois employer, to certify residence in one of the covered states. However, this will not affect your 2016 state income tax filings

If you maintained your permanent residence in IA and your only IL income is from wages, then you will not have an IL nonresident state income tax filing (unless IL withholding were taken out of your pay (see below)). You will instead include all income (including IL source wages) on your IA resident state income tax return.

IA and IL have what is called a state reciprocal agreement. This allows nonresidents to not have state withholding taxes taken out for wages earned in the state.

Since you will not have an IL state income tax filing, just check that you selected "no" to " Did you make money in any other states?" under the Personal Information section in TurboTax (see screenshots)

You can get rid of a state without clearing your federal return by just deleting the state from your list of states under the "State Taxes" tab.

Please note that you will not have a delete option until you actually start working on the state. Select that you want to start the state return under the state taxes tab. The system will start calculating. Then go back into the state tab at the top of the screen and you should now get a choice for that state to either continue or delete. You won't be charged for just starting the state return. You would only be charged (if applicable) when you are getting ready to file.

In order to get the full refund of your IL state income tax withholdings, you will need to file a nonresident IL return but report zero "0" income from IL (even though you do have IL wage income). You need to file your IL return this way because IA does not allow a credit for tax paid to a reciprocal state on wages, salaries and commissions. If tax was withheld by a reciprocal state (IL), you must file directly with the state for a refund of those taxes. You must mail in this IL nonresident state income tax return and include your state W-2 information. You will want to include an explanatory statement with your IL return stating your situation (that your IL employer withheld IL taxes from your wages in error due to a reciprocal agreement with IA).


jack8065
Returning Member

I live in Iowa but work in Illinois. How do I file employee's statement of non residence in Illinois to be exempt from Illinois taxes

I live in illinois and work in Michigan. My employer withheld Michigan state taxes. What do i report on my ILLINOIS  state tax return.

MayaD
Expert Alumni

I live in Iowa but work in Illinois. How do I file employee's statement of non residence in Illinois to be exempt from Illinois taxes

If you are an Illinois resident taxpayer who worked in Michigan, you must file Form IL-1040, and include as Illinois income any compensation you received from an employer in these states.

 

Residents of reciprocal states (Illinois, Indiana, Kentucky, Minnesota, Ohio, and Wisconsin) working in Michigan, do not have to pay Michigan tax on their salaries or wages earned in Michigan. Michigan.gov

 

You need to file non-resident Michigan return to get a refund. When filing your state returns, start with the non-resident state.

How do I file a nonresident state return?

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TomD8
Level 15

I live in Iowa but work in Illinois. How do I file employee's statement of non residence in Illinois to be exempt from Illinois taxes

Illinois & Michigan have tax reciprocity.  That means that Illinois residents are not subject to Michigan income tax on their W-2 salary or wages.

 

You must file a non-resident Michigan tax return in order to claim a refund of the incorrectly withheld MI taxes.  On that return you must allocate zero income to Michigan.

 

You should also file Michigan form MI-W4 with your Michigan employer, claiming exemption from MI withholding.  Here's a link to that form:

https://www.michigan.gov/-/media/Project/Websites/taxes/Forms/MIW4.pdf?rev=3b636449ec174962a3afe0a39...

 

Your income is 100% taxable by your home state of Illinois.  You must report ALL your income on your Illinois return.

 

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

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