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State of residence was never updated so no income for new state was reported

I moved from NC to MD in May of 2019 and remained with the same employer (I just became a remote employee once I moved). So, I was a resident of NC from Jan-May 2019 and a resident of MD from May 2019-current.

 

They never updated my state of residence, so my 2019 W2 is as if I never moved and everything is showing up for only NC (withholdings, income tax, income, etc.) I filed a tax filing extension to see if I could get an updated W2 showing the correct information but have run into several problems and so much confusion since July and have been trying to get this resolved before the filing deadline.

 

I know it's too late for withholdings and income tax, but my main concern is my overall income since there is no MD income reported whatsoever aka why it's telling me I owe so much $$$$$$$.

 

Issues: Mainly I've been given so many different pieces of information on what I have to do depending on which IRS/State of MD tax authority rep I was redirected to so I just am hoping someone can finalize what it is I actually need to do.

  • I initially tried to get this resolved with HR and they told me I didn't need a corrected W2 and to file as is and then just file a 502CR after to get refunded for all that I will end up owing MD
  • I then spoke with a rep from the IRS as well as state of MD tax authorities who said that no, I in fact definitely need a corrected W2 and can only get one from my employer and to try and escalate to whoever is in charge to get a corrected W2 and that the 502CR is unrelated to my issue at hand but that I can still file one.
  • Employer still said they don't need to give one.
  • Called state of MD tax authorities again and this rep said I could file separately with maryland and then again with NC but it's just easier to get an updated W2.
  • I called state of MD tax authorities again to confirm to make sure im not missing anything but this rep said that I definitely need an updated W2.

Do I need an updated W2 from my employer? They keep refusing to give me one so I'm not really sure what to do or how I would file my 2019 taxes since it only references NC.

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1 Reply
TomD8
Level 15

State of residence was never updated so no income for new state was reported

A corrected W-2 isn't possible because your withheld taxes have already been deposited with NC.  Therefore your original W-2 is correct.  It shows what was actually done with your withheld funds.  You should enter your W-2 into TurboTax exactly as it appears.

 

You need to file a part-year resident tax return for each of the two states.   On the NC return you report only the income you earned while still a resident of NC.   This will result in your excess NC withholding being refunded to you.  On your MD return you report only the income earned after becoming a resident of MD.  You will of course owe taxes to MD on that income, since no MD taxes were withheld for you.

 

For tax purposes, you became an MD resident (and ceased being an NC resident) on the day you began living in your new home in MD.

 

If all your work is going to be done remotely from MD, ask your employer to withhold MD taxes only.  As an MD resident, you are only subject to NC taxes if you physically work inside NC. 

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
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