Mark Wiley wrote:

- quote -

All you can do is file a nonresident return with NJ claiming
a refund of the total amount withheld. You'll need to
attach a statement explaining that the NJ tax was withheld
in error, that the client did not live in NJ nor did he
perform any services for his employer in NJ.

The sooner that return is filed, the sooner he can get his
refund. He'll owe tax to NY. You may be able to request
abatement of the estimated tax penalty due to the employer's
error. Unfortunately there is no way to transfer the
withholding from one state to another.

Katie in San Diego

The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.

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

Mark Wiley wrote:

- quote -

If he explains the error to the UPS i think they should be
able to correct the error and issue a corrected W-2 and
refund any NJ tax incorrectly withheld.

--
Frederick E. Jorden http://Tax-Accounting-Payroll.com
7825 Midlothian Tpk - 207 Richmond, VA 23235-5247
EMAIL knowtax[at]bigfoot.com
(804) 320-6210 FAX (804) 320-6211

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

I was hoping to get a little feedback on a tax situation. I
have a client who works for UPS, he worked totally within
NYS for 2004. Unfortunately UPS screwed up and classified
his job as New Jersey wage and paid withholding to that
state, even though he never worked there at all. The NYS
wages earned and the Federal Wages earned are both $70, 000,
which I believe to be correct. The NJ wages reported in
error and on his W-2 are $30000. Now I don't believe that
the W-2 is correct because in reality he is being taxed on
this 30,000 in NY and NJ. In the perfect world I would like
him to get all his NJ withholding back and pay the tax on
the wages in NY, but I'm not sure what direction to take.
Can anyonre help me with a possible solution to this
dilemma?

Thanks in advance

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