Wrongfully Deducted State Taxes withdrawal

[lilycabrera6]

My retired mother lived in Puerto Rico all of 2021. she withdrew her RMD.  her 1099-R shows that the Federal taxes were withdrawn as well as NYS taxes.  The NYS taxes were not supposed to be withdrawn (as requested). She previously lived in NYS and the address on her accounts are in NYS but when she files her taxes she uses her permanent address in Puerto Rico because she lives there.  How do she request to have those funds returned?  Do I have to file a NYS tax return? 

[MaryK4 · Accepted solution]

Yes she will have to file a nonresident New York state return to report zero New York income and get the withholding refunded.  

[lilycabrera6]

Thanks!