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Anonymous
Not applicable

Should I file a tax return in GA if I live in WI but got a 1099-MISC form which lists my GA wages (< 5k) as "Nonemployee" compensation?

I currently live in WI but worked for part of the year as a legal resident in GA. GA Code says I do not have to file a tax return if my only income was wages performed as an employee to an employer for less than $5,000. I received less than $5,000, but my 1099-MISC form lists my income in box 7, which is labeled as "Nonemployee compensation." I do not have any State Tax, State Income Tax, or Federal Income Tax withheld on my 1099-MISC. Do I still need to file a GA tax return? 

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NancyG
New Member

Should I file a tax return in GA if I live in WI but got a 1099-MISC form which lists my GA wages (< 5k) as "Nonemployee" compensation?

Yes, based on your quote - you were not an employee working for an employer.  Since you were not an employee, you did not have any Georgia tax withheld. You are considered a self-employed "independent contractor".  You may want to take another look at the GA Code with that in mind.

If you're like most taxpayers, you'll only need to file one state return, usually in your resident state. You might not even have to file a state return at all if you live and work in a state that doesn't collect income tax.

But if you have income from multiple states, own out-of-state property or business interests that produce income, or your employer withheld taxes for the wrong state, you'll probably need to file a nonresident state return in addition to your resident state return. More info

And if you moved from one state to another, you'll likely have to file part-year returns in multiples states for that year. You might even have to file a third nonresident state return if you started working in the other state before you moved or continued working in your former state after the move. More info

TurboTax handles nonresident and part-year returns and will determine which state return(s) you need to file based on the information you provide in the Personal Info section.

Related Information:

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2 Replies
NancyG
New Member

Should I file a tax return in GA if I live in WI but got a 1099-MISC form which lists my GA wages (< 5k) as "Nonemployee" compensation?

Yes, based on your quote - you were not an employee working for an employer.  Since you were not an employee, you did not have any Georgia tax withheld. You are considered a self-employed "independent contractor".  You may want to take another look at the GA Code with that in mind.

If you're like most taxpayers, you'll only need to file one state return, usually in your resident state. You might not even have to file a state return at all if you live and work in a state that doesn't collect income tax.

But if you have income from multiple states, own out-of-state property or business interests that produce income, or your employer withheld taxes for the wrong state, you'll probably need to file a nonresident state return in addition to your resident state return. More info

And if you moved from one state to another, you'll likely have to file part-year returns in multiples states for that year. You might even have to file a third nonresident state return if you started working in the other state before you moved or continued working in your former state after the move. More info

TurboTax handles nonresident and part-year returns and will determine which state return(s) you need to file based on the information you provide in the Personal Info section.

Related Information:

Anonymous
Not applicable

Should I file a tax return in GA if I live in WI but got a 1099-MISC form which lists my GA wages (< 5k) as "Nonemployee" compensation?

Thanks Nancy!

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