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New Member
posted Sep 13, 2020 9:26:04 AM

Confused about salary allocation and W2

Hi,

My total salary for the year is ~130K. For about 12 weeks, I switched my address to a NY address because I bought a house there and i was planning to move. However, plans quickly fell apart and I had to move back to NJ and switch my address baclk. Because of this reason, I have 2 states listed (NJ and NY) in section 15. 

Section 15 of my W2 however lists my NJ salary at 130K with ~6800 in state income tax and also 130K listed under NY with 0 income tax

 

Is this W2 incorrect? If not, how should i adjust for this in turbo tax. I do not see any option under NY return wherei can adjust for only 12 weeks of residecy in NY. 

 

All the income was however made in NJ. 

0 2 493
2 Replies
Level 15
Sep 13, 2020 9:48:46 AM

Unless someone knows different than me, based on the information provided I don't see any need to file a NY state return at all.  For starters, you were *NEVER* a resident of NY. If anything, then at best you were a non-resident. Howevr:

 - All of your income was physically earned in NJ as a full year resident of NJ. Therefore you DO owe state tax to NJ for the entire year for every penny earned as reported on the W-2.

 - Not one single penny of income was earned in NY, even as a non-resident of NY. Therefore you have no tax liability what-so-ever to the state of NY and don't even need to bother filing a tax return.

 

Some areas of your post that contradict each other.

i was planning to move. indicates to me that you never did actually move to NY.

 

plans quickly fell apart and I had to move back to NJ.  Contradictory to the above, as you can't move back, to a place you never moved away from in the first place.

Even if you did physically move your entire household to NY, 12 weeks isn't nearly long enough to establish residency. Not even close.

Not applicable
Sep 13, 2020 5:54:38 PM

the taxpayer may want a corrected w-2.  the problem I see is the reporting of NY wages of $130K.  I don't know what NY will do if it gets a copy.  it could send a notice to the taxpayer asking why they didn't file a NY return?  better to start now while the employee is able to contact the employer.  who knows. If NY does eventually contact the employee the employer may no longer exist.  I totally agree all the wages are NJ. maybe I'm just a worrywart.