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emc011075, Tax adviser
Category: Tax
Satisfied Customers: 3173
Experience:  IRS licensed Enrolled Agent and tax instructor
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I lived and worked in NY in 2012, then moved to NC in 2013.

Customer Question

I lived and worked in NY in 2012, then moved to NC in 2013. My 2012 W-2 showed a correct split of the state wages between the two states and NC in 2012, and the total agreed with the federal wages in box 1. My 2013 W-2 shows the correct amount of federal wages in Box 1 but still shows a lot of NY income with virtually no withholding and the sum of NY and NC is $54k more than the correct amount. Employer refuses to fix it since I didn't file a corrected state W4 on a timely basis. Seems the facts should override the formality of when a form was filed. Turbo Tax rejected the NY return since it didn't match the W2. Should I just file a statement explaining everything?
Submitted: 2 years ago.
Category: Tax
Expert:  emc011075 replied 2 years ago.
Hi. My name is ***** ***** I will be happy to help you.
Filing on paper and include a short explanation why the W2 is incorrect would be the best approach. You cannot correct w2 yourself and if the employer refuses to issue your corrected one Turbo tax will not accept it.
Since you had little or no withholding for NY state, you will not have to fight with the NY state to issue you refund. Taking care of it now will save you headaches later. NY will probably request some supporting documentation that you left NY state, keep a rent agreement, home purchase documents, last utility bill from NY and first from NC would be a good supporting documents to prove your residency. Do not send supporting documents with your return just yet, keep it for your records in case they ask.
Let me know if you have any questions.
Expert:  emc011075 replied 2 years ago.
I see you read my respond. Any questions? Is there anything else I can help you with today?
And if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.