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  #6  
Old 12-07-2003, 11:19 PM
Milt
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Default Re: Employer pays WH, etc. to wrong state

http;//www.taxsites.com/state.html

Hit on state you want and then something like "Contact Us"
and give them the information

Milt

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  #5  
Old 12-07-2003, 11:00 PM
Michael S. Rosen
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Default Re: Employer pays WH, etc. to wrong state

"Michael Kemp" <mkemp73[at]hotmail.com> wrote:

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.
> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


Unfortunately, you are going to have to file a non-resident
return with that state requesting a full refund. Check
their instructions as I remember, for example, Maryland had
specific instructions for this type of situation.

I'm surprised they refuse to correct it going forward. Then
again, maybe not. I've learned that an employer is not
legally obligated to withhold for an employee in another
state. My employer had an employee in VA for whome they
didn't withhold for some time as they didn't have an account
in VA. At least they didn't withhold to an entirely wrong
state though.

Mike

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  #4  
Old 12-07-2003, 10:40 PM
Barry Gold
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Posts: n/a
Default Re: Employer pays WH, etc. to wrong state

Michael Kemp <mkemp73[at]hotmail.com> wrote:

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.
> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


I would think you would file a state tax return for the
wrong state. Depending on how that state does things, it
might be as simple as listing your state income as $0,
calculating your tax due as $0, showing the withheld taxes,
and claiming a refund.

But if the wrong state is like California, you would file
form 540-NR (non-resident). You would have to show all your
income, then calculate the portion attributable to
activities in California (0%). Then you could calculate the
tax due as $0 and claim your refund.

--
I pledge allegiance to the Constitution of the United States
of America, and to the republic which it established, one
nation from many peoples, promising liberty and justice for
all.

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  #3  
Old 12-07-2003, 10:21 PM
Herb Smith
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Posts: n/a
Default Re: Employer pays WH, etc. to wrong state

"Michael Kemp" <mkemp73[at]hotmail.com> wrote:

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.
> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


You will probably have to file a non-resident tax form with
the wrong state, and get a full refund of the withholding.

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  #2  
Old 12-07-2003, 10:01 PM
Arthur Kamlet
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Posts: n/a
Default Re: Employer pays WH, etc. to wrong state

Michael Kemp <mkemp73[at]hotmail.com> wrote:

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.
> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


In most cases, your employer must withhold and pay state
taxes for the state in which you actually work. You, on the
other hand, may also owe taxes to the state in which you
live.

If your employer did this wrong, you would file tax returns
for the state withheld as well as the state in which you
worked and, if different, the state in which you live.

For the state in which you were improperly withheld, you
should be able to show zero state source income and so claim
a complete refund of all amounts withheld. And keep trying
to straighten this out with the employer.

Having said this, I recall a recent case decided against the
employee. I believe the company asked the employee to move
and work in state A but employee chose to work at home in
State B and company treated him as if the income was earned
in A. Maybe someone can furnish details.

__
Art Kamlet ArtKamlet [at] AOL.com Columbus OH K2PZH

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  #1  
Old 12-07-2003, 09:42 PM
Phil Marti
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Posts: n/a
Default Re: Employer pays WH, etc. to wrong state

"Michael Kemp" <mkemp73[at]hotmail.com> writes:

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.


Bless you. You wouldn't believe how many people find
themselves in this situation and don't notice that the wrong
state's tax is being withheld until they get the W-2.

- quote -

> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


It's a pity you work for such a bullheaded employer. Let's
hope that they take this position because they don't want to
get involved with your state's withholding system. No
problem. Unless they actually operate in your state, your
state can't require them to withhold. Maybe they'd be
willing to just stop withholding state tax for you and let
you handle the state estimated tax payments on your own. If
they are willing to do that, they can refund what's already
been withheld this year and adjust their state records as
long as they do it before the end of December.

If your employer won't work with you you'll have to continue
as you are. After you get your W-2 you'll file a
nonresident return with the state that has your money,
claiming a full refund. You can get a link to any state
through www.firstgov.gov.

Phil Marti
Topeka, KS

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Old 12-07-2003, 09:22 PM
Helen P. OPlanick EA
Guest
 
Posts: n/a
Default Re: Employer pays WH, etc. to wrong state

- quote -

> I was hired as a "remote," or distributed employee, and live
> in a different state than the office headquarters. My
> employer has paid all the state taxes to the wrong state
> (and refuses to change it). I have paid estimated taxes to
> the correct state.
> This is a new situation for me, and if anyone has a similar
> experience, suggestions or guidance to offer, it will be
> greatly appreciated. Specifically, I'm looking into how to
> get reimbursed or refunded for the taxes paid to the wrong
> state.


You will file a -0- non-resident return to the state where
the taxes where withheld and get your refund, providing the
state rules follow that. If we knew what state it was, we
might be able to be of more help.

Helen, EA in PA
Member of The Tax Gang
President, PA Society of Enrolled Agents
Campaigning for NAEA Board of Directors - Looking for YOUR vote

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  #-1  
Old 12-04-2003, 05:10 AM
Michael Kemp
Guest
 
Posts: n/a
Default Employer pays WH, etc. to wrong state

I was hired as a "remote," or distributed employee, and live
in a different state than the office headquarters. My
employer has paid all the state taxes to the wrong state
(and refuses to change it). I have paid estimated taxes to
the correct state.

This is a new situation for me, and if anyone has a similar
experience, suggestions or guidance to offer, it will be
greatly appreciated. Specifically, I'm looking into how to
get reimbursed or refunded for the taxes paid to the wrong
state.

TIA,
Mike

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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