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New Member
posted Apr 1, 2023 3:52:59 PM

My residence is WY, my empolyeer withheld CO taxes in error in 2022 and are telling me that I have to file non resident to get my money back from the state of Colorado.

When I file non resident in TT I am only getting $565  shorting me $2000

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3 Replies
Expert Alumni
Apr 3, 2023 1:43:35 PM

Wyoming does not have an income tax requirement.  Did you work in Colorado or WY?  If you worked in Colorado, then the $2000 is the taxes paid for working in Colorado.

 

Income Tax filing requirement for Colorado says that you must file a Colorado income tax return if during the year you were:

  • A full-year resident of Colorado, or
  • A part-year resident of Colorado with taxable income during that part of the year you were a resident, or
  • A nonresident of Colorado with Colorado source income,

AND

  • You are required to file a federal income tax return, or
  • You have a Colorado income tax liability for the year.

 

If you did not work or live in CO, then you should seek a corrected W-2 from your employer.

 

If I am not understanding your statement, then please provide more details so that we may assist you.

New Member
Apr 3, 2023 1:54:51 PM

Cynthia,   I did not work in Colorado and my residence was Wyoming 100% of the year.   I told my employeer that I needed the corrected W2 and my money ... but they answered that I just needed to file a non resident tax from to get my money back.   

Expert Alumni
Apr 4, 2023 9:59:44 AM

Okay, you will need to file the Colorado Claim For Refund Form DR 0137 (Link provided below)

 

Overpayment of Current Year The Department issues refunds of wage withholding only once a year. 

 

Refund requests made prior to the annual reconciliation will be denied unless an extenuating circumstance is documented. Examples of an extenuating circumstance would include: 

  • Federal withholding paid to the State of Colorado in error.
  • A significant data entry error that will not be used by the end of the year or causes a hardship on the business. For example, you intended to make a payment of $5,000.00 and made one for $50,000.00.

 

Instructions for filing claim for Withholding Refund

 

Form for Claim for Refund of Withholding

 

If you need additional assistance, please return to this forum.

@trvlnlzzrd