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Merlo
Merlo, Accountant
Category: Tax
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Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I am a short-term appointment, telecommuter employee at

Resolved Question:

I am a "short-term appointment," telecommuter employee at Argonne National Laboratory in Illinois. My paychecks withhold state taxes for Illinois. I live in New York State. To which state should I be paying taxes on that income?
Submitted: 6 years ago.
Category: Tax
Expert:  Merlo replied 6 years ago.

HelloCustomer

 

Are you physically working in the state of Illinois or are you working out of your home in New York?

Customer: replied 6 years ago.
I am working out of my home in new york state
Expert:  Merlo replied 6 years ago.

Hello againCustomer

 

Basically you are responsible for state taxes to the state of which you are a resident and to any state where you are physically employed. The way it would typically work is that you would file a state tax return in both states, but then then your resident state would allow you a credit for taxes you already paid to the state where you earned income, so that the same income would not be taxed twice.

 

However, if you are not physically employed in the state of Illinois and you are working out of your home in NY, then this company should not be withholding Illinois state income taxes from your check. You need to contact their personnel department to have this situation corrected.

 

In the meantime, if they have withheld Illinois taxes for the past 3 years when you were not employed inside of that state, you should file an Illinois return for those years to claim the refund of those taxes.

 

If this was helpful please press the Accept button. Positive feedback is also appreciated.

 

Thank you.

Customer: replied 6 years ago.

should I file the illinois returns for my entire family income or just the income from the illinois employer?

should it be on the standard 1040 or NR or both?

Expert:  Merlo replied 6 years ago.

Hello againCustomer

 

You will file the form IL-1040 and you will attach Schedule NR to that form. I am giving you a link to that schedule below.

 

You will see on there are two columns on that Schedule. In column A you list your total earnings from all sources as reported on your federal return. In column B you list your income from Illinois only, and in this case you are going to list all zeroes. You will then be entitled to a refund on the Illinois taxes withheld.

 

If this was helpful please press the Accept button. Positive feedback is also appreciated.

 

Thank you.

 

http://www.revenue.state.il.us/taxforms/Incm2007/Individual/IL-1040-NR.pdf

 

Customer: replied 6 years ago.
The form IL-40 will also have earnings from all sources as reported on my federal form?
Expert:  Merlo replied 6 years ago.

HelloCustomer

 

I assume you mean Illinois Form IL-1040 - and yes, that will report all of your earnings from all sources, the same as shown on your federal return. However, when you get to lines 14 and 15 on that form, that is where you will enter your totals from Schedule NR.

 

If this has been helpful please press the Accept button. Positive feedback is also appreciated.

 

Thank you.

 

Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
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