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Vincent1
New Member

My employer withheld my state tax to the wrong state for several months in 2017. How do I get the tax back?

I work remotely from New Jersey. My employer's headquarter is in California, but I work with a team in Colorado.  My employer withheld my income state tax to Colorado, instead of New Jersey, for several months. I am not a resident in Colorado. I don't live, work, own properties, etc. in Colorado. I only visited the team in Colorado for three days this year. What should I do to get the tax back? 

2 Replies
TomYoung
Level 13

My employer withheld my state tax to the wrong state for several months in 2017. How do I get the tax back?

You file a non-resident Colorado state income tax return.  You show no "Colorado-sourced" income of any kind.  You should get a refund for the full amount.  It might behoove you to file by snail-mail and attach a clear statement of the mistake your employer made.

Tom Young

rnations1
Level 1

My employer withheld my state tax to the wrong state for several months in 2017. How do I get the tax back?

I do not agree with the answers thus far.  Why would you file (and pay for) two state returns when only one is needed?  Employer admitted they had screwed up and reported withholdings incorrectly to NJ when employee never lived or worked in NJ!  Therefore, the best approach is for employee to go to HR and request a "corrected W-2".  Then, employee can efile his state return. If employer will not comply, then employee can go to IRS and file a complaint. https://www.irs.gov/faqs/irs-procedures/w-2-additional-incorrect-lost-non-receipt-omitted/w-2-additi...

 

Raymond D. Nations, EA

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