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Old 12-12-2012, 02:14 PM
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Live in one state, withholding from another, which do I pay?

I am a resident of Georgia full time but work, from home, for a company based in New Jersey. I spend zero time physically working in NJ. My withholdings are taken out for NJ. Both states claim I need to pay personal income taxes to them. I file a non-resident return with NJ and pay my taxes to them. I then file a resident return with GA and pay even more to them. I have contacted both states revenue departments and I was told basically that NJ is my source state and GA is my resident state and they both want their taxes. Is that right? I feel like I am being taxed twice.

Thanks!
Valerie



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Old 12-12-2012, 11:17 PM
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“I am a resident of Georgia full time but work, from home, for a company based in New Jersey. I spend zero time physically working in NJ. My withholdings are taken out for NJ. Both states claim I need to pay personal income taxes to them.”---> Usually you have to pay taxes on where you live, and where you physically work, (but if those are in two different states you usually get a credit from the state you live in for the taxes you paid to the state you worked in). Since you are working remotely for a NJ company and working in GA, you should only have to pay income taxes to the state you live and physically work in. You, as a non resident of NJ, need to file amended NJ return for refund.



“I file a non-resident return with NJ and pay my taxes to them. I then file a resident return with GA and pay even more to them.:---->As said above, you need to file amended return with NJ for refund. You need to file your GA return as a full year resident of GA.



“ I have contacted both states revenue departments and I was told basically that NJ is my source state and GA is my resident state and they both want their taxes. Is that right?”------->As described above, in general, you , as a full year resident who liveand work in GA, need to file only GA return as you spend zero time physically working in NJ. HOWEVER, You live/work in GA but you work for a company in NJ. Whether you owe taxes to NJ depends on the state tax statutes.NJ may not require a tax return at all, you'll have to check your particular state to see. If you are required to file, you will file as a resident of GA, and as a nonresident of NJ. Do the NJ return first, and see if there is a tax liability. In some cases, GA will give you a credit for taxes you owe to NJ.



“ I feel like I am being taxed twice.”----->No;you are not subject to double taxation as described above.



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