Student is MD resident and dependent on our MD and federal tax returns. MA Univ withholds MA tax from her student job. How do we recoup the withholding?

[bspillman]

I expect we will have to file a nonresident return for MA, but there's no place to note that she's a dependent on our return.

[dmertz]

Not sure what you mean by "we."   *She* will have to file a nonresident MA tax return.  It's her tax withholding, not yours.

[SweetieJean]

and she will have to file own Federal and MD resident  returns as well

[dmertz]

if her income is high enough to require filing federal and MD tax returns.

[TomD8 · Accepted solution]

The only way for her to obtain a refund of any excess MA withholding is for her to file an MA tax return.

NOTE:  MA requires her to file as an MA resident if she "maintained a permanent place of abode" in MA, AND she spent 183 days or more of the taxable year in MA.  For further details and definitions see this reference:  http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/resi...

Otherwise, she would file her MA return as a non-resident.

You might note that "permanent place of abode" (among other things) does NOT include a college dorm room, or a university-owned apartment available only to university faculty, staff, or students.

[SweetieJean]

Note especially Example 4 here:
<a rel="nofollow" target="_blank" href="http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/resi...>

[rjs]

Your daughter won't necessarily get back all of the MA tax that was withheld. Income from working in MA is subject to MA income tax, even if the employee is not a MA resident. If she earned enough to have to pay MA tax, the tax that was withheld will be applied to the MA tax that she owes for the year, just like federal withholding is applied to her federal tax.

If she does have to pay MA tax, she will get a credit on her MD tax return for part or all of the tax that she pays to MA. She should prepare her MA nonresident return first, then her MD resident return, so the credit is calculated correctly.

If she uses TurboTax, she must indicate in the *federal* section that someone can claim her as a dependent. Taking a quick look at the MA tax return, it appears to me that for MA it doesn't matter that you claim her as a dependent. But if it does matter, TurboTax will take that indication from the federal information. You do not have to enter it separately for MA.