NJ SUI/SDI

Forum|Forum|5 years ago
April 1, 2021
2 replies
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I used to live in NJ but I have lived in NY for the entirety of 2020. My employer withheld 310.64 for NJ SUI/SDI for 2020. How can I get this amount back?

ErnieS0

Level 15

Contact your employer about getting a refund. New Jersey will over give a refund for excess excess UI/WF/SWF, Disability Insurance, and/or Family Leave Insurance Contributions as a result of working for more than one employer.

NJ says, "If the amount deducted by any one employer exceeds the maximum
for either UI/WF/SWF, disability insurance, or family leave insurance,
enter the maximum in the appropriate column(s) and contact that
employer for a refund of the balance of the deduction."

Related Resource:

Form NJ-2450

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Presterjohn1118Author

Level 2

My company does not issue W2c for payment. They told me to get a refund by filing a nonresident tax for New Jersey. However, according to you, I am not allowed to do this?

rjs

Level 15

Which state did you work in?

If you lived and worked in New York all year, the NJ SUI and SDI is a mistake. Ask your employer to refund the money to you and give you a corrected W-2.

If you worked in New Jersey you have to pay the SUI and SDI taxes, even though you live in New York. Your employer was correct to withhold the taxes, and you don't get it back.

Presterjohn1118Author

Level 2

I have lived in New York for the entirety of 2020. Instead of giving me a W2c for a refund, my employer told me to get the refund by filing a non resident tax for NJ

rjs

Level 15

I have lived and worked in New York all year

@Presterjohn1118 wrote:

I have lived and worked in New York all year

In that case withholding NJ SUI and NJ SDI was a mistake. I'm not sure what, if anything, you can do about it at this point.

If it was purely the employer's error they should correct it. But you might not want to push your employer too hard over a few hundred dollars. If you are in a union, you could ask your union representative if they can help you.

On the other hand, it's hard to make a case that it was purely the employer's error. If you failed to notify your employer that you had moved, then it's entirely your error. Even if you did notify them, you should have noticed the erroneous deductions on your paycheck stubs last January, and gotten it corrected then. So you still bear some responsibility for the error.

As far as I know, New Jersey does not have any procedure for getting a refund of erroneously withheld tax by filing a New Jersey tax return. I don't know of any New Jersey form for claiming a refund in such a case. Normally it would be the employer who makes the correction and refunds the money to the employee.