Yardley CPA Posted March 16, 2015 Report Share Posted March 16, 2015 (edited) Work associate asks for "some help" with her daughters 1040 return. Gotta love those work associates. Anyway, she has me questioning what I believe I know. Work associate tells me that her daughter works in New York City and is currently a NYC resident having moved to NYC from New Jersey prior to 2014. Daughter received W2 from employer showing her old New Jersey address. W2 has NJ wages (about 50% of the federal total) and NY wages (only New York withholdings.) On the W2, near the State information it does say "NY RES" which would seem to indicate she is a NY resident. She is checking with her daughter to see if her daughter ever notified the employer of the address change. It would seem she would need to complete at least a part year NJ resident return, no? Thanks! Edited March 16, 2015 by Yardley CPA Quote Link to comment Share on other sites More sharing options...
Pacun Posted March 16, 2015 Report Share Posted March 16, 2015 One thing is for the employer to accept the change of address in a timely fashion and another is to file the NY state withholding form. It doesn't matter when the employer knew about the change of address what matters is that the employee didn't inform the employer that NJ taxes were continued to be withheld. So, it is what it is and it is what you have on the W-2. That money is long gone to NJ and you need to pay or recover. 1 Quote Link to comment Share on other sites More sharing options...
Abby Normal Posted March 16, 2015 Report Share Posted March 16, 2015 Was a part-year resident return filed in 2013? Need a date the residency changed. Yes you need to file in both states. 1 Quote Link to comment Share on other sites More sharing options...
mrichman333 Posted March 16, 2015 Report Share Posted March 16, 2015 Part Year NJ and Part Year NY 1 Quote Link to comment Share on other sites More sharing options...
Lion EA Posted March 16, 2015 Report Share Posted March 16, 2015 Or, if she really moved prior to 2014 as she told you, then a NJ NR return to get withholding back (good luck!) and NYS/NYC resident return. 1 Quote Link to comment Share on other sites More sharing options...
DEO Posted March 16, 2015 Report Share Posted March 16, 2015 (edited) While on this topic, please advise what forms I have to file for NY and NJ. TP lived in NY with all income earned in NY, until he was married in June 2014, when he subsequently moved to NJ. In this case from my undersatnding we prepare part year return for both NY and NJ. However, his spouse is a NJ resident all year round, works both in NY and NJ. Do I have to do an additional NY Non resident return for the period that the spouse worked in NY. If that is the situation, it means that I will have to complete: NJ Personal Return NY IT201 NT IT 203 Your comments is appreciated Edited March 16, 2015 by DEO Quote Link to comment Share on other sites More sharing options...
mrichman333 Posted March 16, 2015 Report Share Posted March 16, 2015 Or, if she really moved prior to 2014 as she told you, then a NJ NR return to get withholding back (good luck!) and NYS/NYC resident return. oops, I didn't see "prior" . NJ-Non-resident. You may have to allocate the income to be sure nothing is taxed in NJ. 1 Quote Link to comment Share on other sites More sharing options...
rfassett Posted March 16, 2015 Report Share Posted March 16, 2015 Or, if she really moved prior to 2014 as she told you, then a NJ NR return to get withholding back (good luck!) and NYS/NYC resident return.Agree. Quote Link to comment Share on other sites More sharing options...
GraceNY Posted March 17, 2015 Report Share Posted March 17, 2015 While on this topic, please advise what forms I have to file for NY and NJ. TP lived in NY with all income earned in NY, until he was married in June 2014, when he subsequently moved to NJ. In this case from my undersatnding we prepare part year return for both NY and NJ. However, his spouse is a NJ resident all year round, works both in NY and NJ. Do I have to do an additional NY Non resident return for the period that the spouse worked in NY. If that is the situation, it means that I will have to complete: NJ Personal Return NY IT201 NT IT 203 Your comments is appreciated You may have to start a fresh topic as your questions will probably get lost under the original topic. (1) Find out how many days the TP was in NY. If 183 days or more, then he'll have to file a NYS Resident return, IT-201, Married filing separately. If less than 183 days, then a NYS Part-Year return, IT-203, Married Filing Separately . You didn't give any details of the TP's work/earnings subsequent to the move to NJ so I can't speak to what is required in that case. (i.e. while residing in NJ, did he continue to work in NY, did he work only in NJ, or did he not work at all for the time he was in NJ). (2) Spouse files a NJ Resident Return and reports both NY and NJ earnings. Also, spouse files a NYS Non-Resident return, IT-203, Married Filing Separately, to account for the earnings in NY. There should be a tax credit on the NJ return for the taxes paid to NY on the NY income. Quote Link to comment Share on other sites More sharing options...
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