Moved from CA to HI and worked in NY - Employer Incorrectly Reported Income to CA and not HI

[CA_HI_NY_Man]

Hi all!

I have been facing a lot of stress regarding state filing requirements for my 2021 notice. I received a Notice from the California Tax Board that I need to file a 2021 Tax Return and if I don't, I will have to pay 100% state taxes to CA as a past due. Here is my situation

In 2021:

• I lived 100% in Hawaii and worked for a NY employer all of 2021 that I don't work for anymore
• I received a W2 with two state W2s: CA and NY. My W2 Home address is a California address that I lived in 2020.
• My employer did not change my address from CA to HI, I moved to HI at the beginning of 2021 (I lived in CA in 2020)
• I filed a NY non-resident Tax Form and a HI resident Tax form for 2021.

My employer is refusing to issue a corrected W2 which reflects that I lived in Hawaii. Here is what I am planning:

• I am planning on filing a Non-Resident CA tax form which shows $0 of W2 income for CA ,
• supporting documents which include my HI and NY Tax returns which show I paid state income tax on my income
• a written statement detailing that my ex-employer is refusing to issue a corrected W2 and that I lived and worked in Hawaii all of 2021.

Would this be enough to resolve the issue? Every time I call the California Tax Board, the customer service either emphasizes I need a corrected W2 or that I could try submitting a Non-Resident CA Tax form as above however there is no guarantee without the corrected W2. I am also trying to get a statement from my ex-employer with their official letterhead that states they incorrectly withheld income for CA but I am not holding my breath.

Any help would be appreciated!

[AmyC]

Proving that you moved also helps. A drivers license dated early 2021 from HI would be great. Letters from neighbors, former coworkers, anyone that would be willing to write a letter saying you did not live in CA in 2021.

Do not send any original paperwork but do send a CA nonresident with zero income, the NY and HI tax returns, a letter explaining it very simply should be on top. Underneath all the tax forms, CA, NY, HI, add any other proof, moving receipts, letters, anything else you can think of to help prove you didn't live there.