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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28384
Experience:  Taxes, Immigration, Labor Relations
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My employer division is located in PA with a headquarter in

Customer Question

My employer division is located in PA with a headquarter in NJ. I worked from home in CA and commuted to PA/NJ. This was known before I joined the company. My employer paid non-resident taxes to the state of PA apparently for me and said it was an advance. I haven't seen any document form them before saying they would pay this for me. Now my employer is asking me to send a check. I already paid all my CA taxes on April 15th (no extension). Do I have to pay my employer back?
Submitted: 9 months ago.
Category: Tax
Expert:  Lev replied 9 months ago.
Whatever your employer paid - is withholding from your wages.Your employer may NOT pay taxes for you - they may only withheld - but taxes is YOUR responsibility.When your employer paid taxes FOR you - that is classified as your additional wages - and that amount must be reported on form W2.In additional - your employer must account for your working time and specifically - in which state did you work.Thus wages paid for time you worked in PA is income from PA sources and is taxable for you as for nonresident.Correspondingly - wages paid for services you physically provided in NJ - is income from NJ sources and is taxable for NJ.You would need to file both PA and NJ tax returns as nonresidents and will be taxed ONLY on income from sources within these states.Then - as a resident of CA - you are taxed on ALL your worldwide income regardless of its source - but when the same income is taxed for CA and some other states - you will be able to claim a credit for taxes paid to other states.
Customer: replied 9 months ago.
It's not on my W2 and I already filed my tax return claiming only my taxes in CA. What should I do?
Expert:  Lev replied 9 months ago.
If taxes that your employer stated as paid on your behalf are NOT reported on W2 form - then they are NOT paid to taxing authorities.You may want to communicate with your employer and verify what exactly taxes were paid, to whom and request a supporting document about these payments to verify amounts.Then - be sure to verify that wages paid for your work in PA and NJ are correctly reported on W2 - if not - communicate with your employer asking for correction..Regarding your CA tax return - you will be able to amend and claim additional refund after claiming a credit for taxes paid to other states.But you will need to have tax returns you file to NJ and PA.