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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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I filed extensions to my 2012 federal and state tax returns

Resolved Question:

I filed extensions to my 2012 federal and state tax returns and have subsequently filed the 2012 Federal Tax Return but not the state returns, as I have a question.
We were relocated by our company from NJ to MA in 2012. We actually rented a home in MA from 15 June 2012, although the company only acknowledged the transfer from 1 November 2012. What is means is that we were paying NJ state income tax until 1 November 2012 and MA state income tax from 1 November 2012. We working in MA from 15 June 2012.
If we say in the state tax returns that we moved up on 15 June then we would have a significant NJ state tax refund (about $7,000) and a corresponding MA state income tax liability (about $7,000).
If we say in that our job officially started in 1 November 2012, the date when the company stated to pay MA tax, then we would have no NJ refund and no MA additional tax which would make complete sense to me. However, I wanted to be sure.
Submitted: 10 months ago.
Category: Tax
Expert:  Robin D. replied 10 months ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
Your part year recognition for each state is the date that you actually moved to MA and moved from NJ.


For New Jersey income tax purposes, your residency status depends on where you were domiciled and where you maintained a permanent home. Once established, your domicile continues until you move to a new location.
If you moved to MA in June then you would use that date but you would also need to include the income that is attributed to NJ but really earned while you were living in MA.
Your calculations may not be correct if you are merely claiming to be resident in MA but using the W2 to show the income paid for each state.







Robin D. :

In short you would need to prorate the MA income by the real time you were resident in MA. You would need to file a part year and a nonresident return for NJ because you were earning income in NJ as both from the June date you moved to the date in November when your company made the change.

Robin D. :

NJ publishes a very good explanation of how this works

http://www.state.nj.us/treasury/taxation/pdf/pubs/tgi-ee/git6.pdf

Robin D. :

I know this can be a little complicated and you may wish to seek the assistance of a tax professional to complete.

Robin D. :

Customer Last Viewed Today at 11:21

Expert:  Robin D. replied 10 months ago.
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Customer: replied 10 months ago.


Thanks, XXXXX XXXXX some time to digest what you had said. Essential for the period 1 January to 15 June 2012 we were resident and employed in NJ and the wages should be taxable in NJ. For the period 1 November to 31 December we were resident and employed in MA and the wages should be taxable in MA.


 


For the period 16 June to 31 October we were resident in MA but according to the W2's we were employed in NJ. So for this period are the wages taxable in NJ or MA? i.e. should we remain consistent with the W2's and treat the wages taxable in NJ?

Expert:  Robin D. replied 10 months ago.
You could, but that really would not be correct. You should report the true wages received while you were a part year resident of MA. This will require that you prorate the wages, you can do this by using your payslips for that time. That would be the easiest if you did not keep them then you could divide by the 12 months for the year then multiple by the months in MA.
Customer: replied 10 months ago.

Thanks and very helpful. A final questions on state tax credits. During the period (16June to 31 October) I was resident and working in MA, and therefore liable to MA state tax on wages. However, my company paid NJ state tax. In completing my MA state tax return, do I take a credit for the NJ tax paid, or do I pay MA tax and get a NJ tax refund.


 


Perhaps and example will help:


16 June 2012 to 31 October 2012: resident and working in MA. Salary was $1000 and NJ tax paid $60.


 


MA tax due for this period is also $60. Do I take a credit for $60 NJ tax paid, and therefore pay no further MA state tax or do I pay $60 MA state tax and get a $60 NJ state tax refund?

Expert:  Robin D. replied 10 months ago.
If you have any amount that was taxed in both states, you would receive a credit in the resident state for the time period.
MA allows this for a part year resident too. The total credit which you calculate on the worksheet is the smaller of the amount of taxes due to NJ or the portion of your Massachusetts tax due on your gross income that is taxed in such other jurisdictions.
If you completed the worksheet and Schedule Z then you should have your correct credit for MA.
Customer: replied 9 months ago.

Thanks for the information to date. I wanted to let you that I filed a 2012 NJ Resident Tax Return and 2012 NJ non Resident tax return on 14 November - one month after the extended filing date of 15 October 2013.


 


 


It appeared that I owed $319 on my Resident Tax return and was due a refund of $4600 on my Non Resident Tax. I duly sent in a check for $319 with my Resident Tax Return.


 


I have received a reply. It appears I made an arithmetical mistake ( which I accept) and so I owe a further $36 which I am happy to pay. However, I have also been given an $88 late filing charge and $15 for interest. Is there any point is asking the NJ Treasury to waive the $88 penalty? It's not a problem but if a quick letter saves me $88, why not? I am also mildly curious as how they will react. This is the first penalty that I have ever had and I have filed NJ tax on the 15th April every year for 13 years as required.

Expert:  Robin D. replied 9 months ago.
You are most welcome.

You can ask them to waive the penalty. It will depend on your reason that you state in the request.
Pay the extra (the interest) and ask that they abate the penalty for
_____________ (whatever reason you had for not filing).Mention that you have been compliant in the past.
They may abate or they may say no.
I really enjoyed working with you – please feel free to request me again when you come back to ask another question.

Your positive rating is always thanks enough.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7461
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 7 other Tax Specialists are ready to help you
Expert:  Robin D. replied 9 months ago.
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Customer: replied 4 months ago.

Based on your advice earlier, I filed three state tax returns;


 


NJ Resident (period 1 Jan 2012 to 15 June 2012) - when I worked and lived in NJ


Non Resident NJ Return (period 1 16 June to 1 Nov 2012) when I lived in MA but worked in NJ (according to W-2)


MA Resident (period 1 November 2012 to 31 December 2012) when I worked and lived in MA.


 


I paid additional tax on the NJ Resident Return and got a refund on the MA Resident State Refund.


 


However, I never heard anything back from my Non Resident NJ Return. I have proof (certificate of posting) of sending the return. Should I chase this up? According to the return they owe me $4,600.

Expert:  Robin D. replied 4 months ago.
Hello,
You should check with the state as long as it has been 12 weeks since you paper filed your return.
You were correct in your filing of the part year and non resident.
See this for clarification
http://www.state.nj.us/treasury/taxation/njit26.shtml

You can get information on the status of your New Jersey income tax refund either online or by phone. Phone Inquiry: 1-800-323-4400 (toll-free within NJ, NY, PA, DE, and MD) or 609-826-4400 (anywhere) This service is available 7 days a week (hours may vary).

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