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Old 03-30-2014, 02:13 PM
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Join Date: Mar 2014
Posts: 2
Need urgent assistance for part year resident in both NJ & DE...

Hi,

I have a tricky case for that I need your urgent assistance. Let me brief my case below...
Me & My wife both stayed & worked in NJ till Oct middle in 2013. From Oct middle we both relocated to Delaware as my wife changed job. So from oct middle till rest of 2013 my wife was staying & working in Delaware but I was staying in Delaware but working in NJ. So ideally I have 1 W2 for all my income form NJ only & my wife have 2 W2s 1 for income from NJ & 1 for income from DE. Now i am confused how should I file my taxes for 2013. My questions are as below.

1) Should we file jointly or separately?
2) If we file jointly then how should I file NJ tax. As I understood after reading NJ tax rules seems like they say to file both part year resident tax & part year non resident tax as I have nonresident earning from NJ after Oct middle while I started staying in DE. Please suggest.
3) If we file jointly then how should I file DE tax. Should i file as part year nonresident tax (i.e. 200-02 form) in DE? Please suggest.
4) Please suggest in which case I need to file tax credit for income from other state if there is any double taxation scenario in my case.

I am too much confused & looking for you urgent help on this.
Thanks.


Last edited by kaustavc : 03-30-2014 at 02:21 PM. Reason: missed a word nonresident


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Old 03-30-2014, 04:55 PM
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Join Date: Oct 2010
Posts: 5,233
Quote:
Originally Posted by kaustavc View Post
Hi,

I have a tricky case for that I need your urgent assistance. Let me brief my case below...
Me & My wife both stayed & worked in NJ till Oct middle in 2013. From Oct middle we both relocated to Delaware as my wife changed job. So from oct middle till rest of 2013 my wife was staying & working in Delaware but I was staying in Delaware but working in NJ. So ideally I have 1 W2 for all my income form NJ only & my wife have 2 W2s 1 for income from NJ & 1 for income from DE. Now i am confused how should I file my taxes for 2013. My questions are as below.

1) Should we file jointly or separately?
2) If we file jointly then how should I file NJ tax. As I understood after reading NJ tax rules seems like they say to file both part year resident tax & part year non resident tax as I have nonresident earning from NJ after Oct middle while I started staying in DE. Please suggest.
3) If we file jointly then how should I file DE tax. Should i file as part year nonresident tax (i.e. 200-02 form) in DE? Please suggest.
4) Please suggest in which case I need to file tax credit for income from other state if there is any double taxation scenario in my case.

I am too much confused & looking for you urgent help on this.
Thanks.
1) Should we file jointly or separately?=========>>>>>>>>>>>>>>>as both of you moved to DE from NJ in Oct mid 2013, you are now part year resdients for NJ and DE. However, as you were still working in NJ, NOT in DE, you need to report your income that you earned after Oct mid of 2013 in NJ to DE by jointly filing DE return with your spouse(your posuse needs to report her DE return after Oct mifd 2013 to DE; and she needs to report her NJ source income earned in NJ till Oct mid of 2013 to NJ). Both of you need to report your NJ source income that you earned in NJ till Oct mid 2013 to NJ as part year residents(by jointly / separately filing with NJ) and you can claim your NJ income(after Oct mid of 2013) that you pay to NJ on your DE return when you file your DE retune as MFJ or MFS with DE) SINCE THERE IS NO state reciprocal agreement between NJ and DE; If you work in NJ and are a resident of Pennsylvania you do not have to pay NJ income taxes on your wages.


2) If we file jointly then how should I file NJ tax. As I understood after reading NJ tax rules seems like they say to file both part year resident tax & part year non resident tax as I have nonresident earning from NJ after Oct middle while I started staying in DE. Please suggest.=====>>>>>>>>>>>>>s mentioned above;you need to file NJ return jointly as part year residents of NJ and need to report to NJ only on you NJ source income; even if you were working in NJ after moving to DE, you are a still PY res of NJ.
3) If we file jointly then how should I file DE tax. Should i file as part year nonresident tax (i.e. 200-02 form) in DE? Please suggest.===>>>>>>>>>>as mentioned above. As PY res of DE, you need to report only on your DE source return;however as you paid your NJ source income that you earned after Oct mid of 2013 yu can caim that part of credit on your DE return.



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Old 03-30-2014, 05:05 PM
Moderator
 
Join Date: Oct 2010
Posts: 5,233
Quote:
Originally Posted by kaustavc View Post
Hi,

I have a tricky case for that I need your urgent assistance. Let me brief my case below...
Me & My wife both stayed & worked in NJ till Oct middle in 2013. From Oct middle we both relocated to Delaware as my wife changed job. So from oct middle till rest of 2013 my wife was staying & working in Delaware but I was staying in Delaware but working in NJ. So ideally I have 1 W2 for all my income form NJ only & my wife have 2 W2s 1 for income from NJ & 1 for income from DE. Now i am confused how should I file my taxes for 2013. My questions are as below.

1) Should we file jointly or separately?
2) If we file jointly then how should I file NJ tax. As I understood after reading NJ tax rules seems like they say to file both part year resident tax & part year non resident tax as I have nonresident earning from NJ after Oct middle while I started staying in DE. Please suggest.
3) If we file jointly then how should I file DE tax. Should i file as part year nonresident tax (i.e. 200-02 form) in DE? Please suggest.
4) Please suggest in which case I need to file tax credit for income from other state if there is any double taxation scenario in my case.

I am too much confused & looking for you urgent help on this.
Thanks.
after oct mid of 2013, you need to pay on your nj source income to nj as a NONRESIDENT OF NJ but as a part year res of DE



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