State refund for paying taxes to state I don't reside in

[a2thek26]

I already filed my 2021 taxes. I live and work in Nevada after moving from IL in 2020. My employer is in IL. They withheld IL taxes for the entire year and a portion of this year before realizing they should not be withholding anything. What can I do to get a refund for 2021 for paying all those taxes to IL? Separate question but related, but since taxes have been withheld for the first 3.5 months of this year, is there a way to have this refunded as well?

[Mike9241]

did you file an Illinois return for 2021?  if not you file a non-resident return.  for 2022, there are two ways to get a  refund, 1) ask your employer for a refund. it would have to file an amended IL-941 to get back the taxes from IL. they don't have to do this. 2) in 2023 file another non-resident return 

[TomD8]

For tax year 2021: in order to receive a refund of the incorrectly withheld Illinois taxes, you must file a non-resident IL return, on which you allocate zero income to IL.

For tax year 2022:  unless your employer is able to correct the situation at this point, at year's end you'll have to file another non-resident IL return just as above.

Note: this assumes you never physically work in Illinois.  Illinois can tax you as a non-resident on income from work actually performed within Illinois.

[a2thek26]

@Mike9241 Yes, I've already filed for 2021. Can I amend a return and file as a non-resident?