Military spouse employer withheld state taxes when they shouldn’t have.

[stacistanley]

My husband is active duty, stationed in California. We are both Texas residents and Texas is his home of record. 

I am a teacher and have worked for the same employer for 6 years. I filled out the paperwork for state tax exemption when I first got hired, never had an issue, no state taxes were taken. 

Fast forward to February and I had to refill out a form for exemption, submitted it, didn’t think anymore of it. Until today when I looked at my pay stub and realized they have been withholding California state taxes for months. A total of $4500 has been withheld when it shouldn’t have. 

I contacted my employer and am waiting on a response but want to be prepared if they don’t know how to get my money back, that’s a huge amount taken from me due to my employers failure to continue to mark me exempt even after refilling out the paperwork for exemption, per their request.  

[DoninGA]

According to the following website the employer is not obligated to refund you the California taxes erroneously withheld.  You will have to file a California state income tax return to get a refund of the state taxes withheld.

Contact the California FTB for assistance - https://edd.ca.gov/en/payroll_taxes/FAQ_-_Military_Spouses_Residency_Relief_Act/#:~:text=This%20Act%....