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I forgot to change my state withholding location once I moved.

Customer Question
Do I need to complete...
I forgot to change my state withholding location once I moved. Do I need to complete a non resident income tax return?
Submitted: 5 years ago.Category: Tax
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5/1/2012
Tax Professional: Lev, Tax Advisor replied 5 years ago
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,607
Experience: Taxes, Immigration, Labor Relations
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LEV :

Hi and welcome to Just Answer!

Customer:

Hello

LEV :

Your state tax liability is based on both - your residency and your place of employment.
Can you verify in which state do you work and in which state do you live?

Customer:

I live and work in California.

Customer:

I work for the state department and we returned from overseas last year. While we were overseas we paid tax in Virginia. I just failed to update my withholding location for 2011 but I worked the entire time in CA.

LEV :

If you live in California - all your income regardless where it was earned is taxed for California.
However - I am not clear why your withholding location is Virginia if you neither work nor lived in this state?

Customer:

we lived in virginia before we moved overseas and while we were overseas we just continued to pay taxes in va - we were registered to vote there and had va driver licenses.

LEV :

Ok - so you were residents of Virginia and moved to California.
Then - you need to file VA tax return as part year residents - and will be taxable only on income received while you were residents. What is the date you actually moved?

Customer:

we moved in 2010 - i didn't work until 2011 in ca.

Customer:

so I am hoping that since I was neither a resident of Virginia in 2011 and none of my income was earned in Virginia in 2011 I would just have to file a CA tax return.

LEV :

So - you need to file VA 2010 tax return as part year residents and 2011 tax return as nonresidents - and claim a refund for tax withheld.
You still need to file CA tax returns.

Customer:

ca tax return is already filed.

Customer:

since my husband's withholding was from ca and mine was listed as va can i file a married filing separately non resident form even if we filed our federal return jointly?

LEV :

A part-year resident usually files as such on Form 760PY. You must prorate your personal exemptions and standard deduction. A subtraction is allowed for non-Virginia income.
Nonresidents report their income in the same manner as residents, using Virginia form 763. An allocation percentage, based on the ratio of Virginia source income to income from all sources, is then applied to arrive at the individual's net Virginia taxable income.

Customer:

ok thank you

Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 30,607
Experience: Taxes, Immigration, Labor Relations
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