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NWX0
Level 1

Live in NC and *work address* in GA. Which state to withhold wage tax?

Hi all,

 

I'm in an odd situation and need some advice - I live in NC and got relocated to the office in GA early this year. Due to the situation I have not formally moved to GA but my company has updated my work address to GA so the wage withholding has changed from NC to GA and been so for a few months already.

 

Technically I am not a cross state worker situation (no way to commute between NC and GA daily, and I am not doing so either), neither am I a remote work/home office situation (the job is situated in GA office). How shall I deal with this situation? I feel like I shall move the withholding back to NC otherwise I will definitely incur the underpayment penalty (and looks I should do this anyway as per the situation). However, if I do so will GA DOR take my case as an underpayment issue on their end (as the job is situated in GA even I live in NC for now)?

 

Thanks a lot for your input.

2 Replies
Anonymous
Not applicable

Live in NC and *work address* in GA. Which state to withhold wage tax?

early this year meaning 2020

 

A resident who moves from the state during 2020 is considered a resident of North Carolina until the individual has both established a definite domicile elsewhere and abandoned any domicile in North Carolina.  A taxpayer may have several places of abode in a year, but at no time can an individual have more than one domicile.  A mere intent or desire to make a change in domicile is not enough; voluntary and positive action must be taken.

 In the absence of convincing proof to the contrary, an individual who is present within North Carolina for more than 183 days during the taxable year is presumed to be a resident, but the absence of an individual from the State for more than 183 days raises no presumption that the individual is not a resident.

 

so have you established a definite domicle in GA.  if so, you would be a part year resident for the period you were domiciled in NC.  only the income earned while domicled there would be taxable. there

 

 

georgia

 Part-year Residents
If you are a legal resident of Georgia (domiciled there) for only a portion
of the tax year and are required to file a Federal income
tax return, you are required to file a Georgia income tax
return (but only the GA income is taxable by the state)

 

so if you established domicile in GA, you have to file in both states but your income is split betwwen them. 

now is the time to make sure your employer properly allocated the wages not next yaer. 

 

 

Anonymous
Not applicable

Live in NC and *work address* in GA. Which state to withhold wage tax?

 
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