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jeffgoldst
New Member

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

 
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SweetieJean
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git6.pdf

For 2017, I think you are stuck paying NJ taxes.

Once you officially move to FL, you won't.

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7 Replies
SweetieJean
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

Are you asking about a retirement account?  Note that NJ has a partial exclusion for that.
Where is your legal residence...driver's license, car registration, voter registration, etc?
jeffgoldst
New Member

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

401k, exclusion too limited. Planning to move, haven't yet, will use FL address for everything
SweetieJean
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

SweetieJean
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git6.pdf

For 2017, I think you are stuck paying NJ taxes.

Once you officially move to FL, you won't.

jeffgoldst
New Member

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

Doesn't answer my question. If in future I maintain residences in both FL and NJ can I withdraw from 401k during only months I am in FL and count all income as FL income? Assume I register to vote in FL
SweetieJean
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

Again, that depends upon where your legal residence is at the time.  Just registering to vote may not be enough. .  Read the NJ link I gave you.
TomD8
Level 15

If I live part of year in Florida & part in NJ which has a state income tax, can I withdraw from 401k only when in FL & allocate all of that income to FL and none to NJ?

Registering to vote is irrelevant.  The key issues are domicile, permanent residence, and amount of time spent in each state.  For the details, read New Jersey's definitions of resident and non-resident in this reference:  <a rel="nofollow" target="_blank" href="http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git6.pdf">http://www.state.nj.us/treasury/t...>
**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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