You do not need to notify the IRS regarding your state tax withholdings.
Here is how you will need to file your state tax returns.
You will not have to pay taxes in both states but you will need to file tax returns in both states (KY nonresident tax return to claim your refund and IL resident tax return to pay state taxes on all your income include your KY wages).
KY and IL have what is called a state reciprocal agreement. This allows nonresidents to not have state withholding taxes taken out for wages earned in the state.
In order to get the full refund of your KY withholding, you will need to file a nonresident KY return but report zero "0" income from KY (even though you do have KY wage income). You need to file your KY return this way because KY does not allow a credit for tax paid to a reciprocal state on wages, salaries and commissions. If tax was withheld by a reciprocal state (KY), you must file directly with the state for a refund of those taxes.
You will need to claim the full amount of your KY wages on your IL resident state tax return.
To avoid this issue in the future, you need to file an exemption form with your KY employer. Workers exempt under a reciprocal agreement must complete Form 42A809, Certificate of Nonresidence, which must be kept on file by the employer.
I kinda had the same question. Wife works in KY and lives in Ohio. So if she fills out that form does that mean no state taxes from either state will come out and she will have to pay Ohio during tax time?
No, that form allows your employer to withhold and send tax to Ohio from her paychecks even though the workplace is located in Kentucky. Those two states have the agreement in place with one-another so workers only pay tax to the state in which they live.
Fill out form 42A809 and give it to the Employer.
**Mark the post that answers your question by clicking on "Mark as Best Answer"
Still have questions?Make a post