Do you carry the burden of dealing with multiple states on your tax return?
For most of us, filing a state tax return is just another step in filing a federal return. Your tax-filing software just transfers your information to your state’s return and you’re done within minutes.
But what if you moved to a different state during the tax year? What if you worked in a state other than the one where you lived? What if you worked in multiple states? Suddenly filing state taxes becomes a little trickier and it may involve filing taxes in two different states.
Basically there are three different types of state tax returns that you need to worry about:
- Resident
- Part-Year Resident
- Nonresident
As a general rule, you have to file a resident tax return in the state where you lived, a part-year resident return in any state you moved to/from, and a nonresident return in a state where you earned money but didn’t live.
Preparing your Resident Return
A resident return is the return you have to file in the state where you are a resident. This return will tax you on all of your income, regardless of the state where it was earned.
For most people this is very simple – the state where you are a resident is the one where you live and work. But for people whose lives involve multiple states, the first step to filing state taxes is figuring out where you are a resident.
Every state has different requirements for who qualifies as a resident for tax purposes. You need to visit the websites of the tax authorities of the states in question to figure out where you are a resident.
You should note that there are nine states without income tax: Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming. If you are resident of one of these states, you don’t need to file a resident tax return.
Preparing your Part-Year Resident Return
A part-year resident return is for people who moved during the tax year. If you were a resident of one state for part of the year and then a resident of another state for part of the year, then you need to file a part-year resident return in the first state and a part-year resident return in the second state.
A part-year resident return taxes you on all of your income for the portion of the year that you were a resident of that state. Let’s say you started the year living in Illinois. Then in July you moved permanently to New York. You would then have to file a part-year tax return in Illinois that taxes you on all of your income you earned during the first six months of the year. Then you will have to file a part-year resident return in New York that taxes you on the income you earned during the last six months of the year.
Preparing your Non-resident Return
You need to file a nonresident return for any state (other than the state where you live) in which you earned money. This nonresident return will only tax you on the income you earned in that state.
Here’s an example. Let’s say you live in New Jersey, but you work in New York. You’ll need to file a resident return in NJ. You will also have to file a nonresident return in NY and pay taxes on the income you earned there.
Worried about being double-taxed? Don’t be. When you file your state returns, you will have the opportunity to claim a credit for the taxes that you’ve already paid to another state through withholding. The states will then settle accounts among themselves.
You may also have to file a nonresident return for any state that had taxes withheld from your paycheck. Normally you only have to file taxes in the state(s) where you were a resident and where you earned your income.
But sometimes payroll departments goof up and withhold taxes for a state you neither lived or worked in. This commonly occurs when you work for a company that is headquartered in a different state than where you work. You’ll need to file a return just so you can get that money back as a refund.
File all of your state tax returns with RapidTax!
It doesn’t matter where your company is located. If you didn’t live in a state, and you physically did not work there, you don’t have to file a return there just because the company paying you is based there, although you do if they accidentally withhold taxes for that state. If this happens, ask them to stop withholding taxes in that state so you have one less return to file!
Hopefully this information will give you some basic guidance when it comes to filing state taxes. Each state tends to have their own set of rules. It is always a good idea to do further research into your resident state and the state where you work. Whether you need to get caught up on a late tax return or file a current year return, prepare your state returns on RapidTax.
Thanks Advisor, Now the thing is I have filed for both states and paid the taxes to both for same time period, which were not much, so I wanted to ask if this is wrong by law, or I need to send an amendment to one state.
Your reply is highly appreciated
Hi Josh,
No, it’s not wrong. It’s perfectly normal to owe taxes to two different states. You will definitely owe money to the state where you are a resident and then you will also owe money to any other state where you earned money. The way you described your problem made it sound like taxes were mistakenly withheld for one state. When you filed that state’s return, they should have transferred some of that withheld money to the state where you did owe, or given it back to you as a refund. Based on what you’ve told me it doesn’t sound like there’s any reason to file an amended return.
Mr. Tax Advisor,
My wife and I live in SC but she works in NC. We are filing the federal return jointly and are itemizing our expenses. I pay the majority of the itemized expenses. I assume she will file a non-resident 1040 in NC and a resident in SC. My question would be do transfer the total itemized expense we filed on on federal return to the NC and SC 1040’s or just one of them? Do I have to try and determine a portion of the itemized expense that she directly paid for and only claim those?
Hi Travis,
I think the best thing for you all to do is just file married filing jointly on your South Carolina return and your North Carolina return. That makes things much simpler and will then allow you to apply a credit for the taxes your wife paid to NC to your SC return. Even if you file a joint NC return, it will only tax the income your wife made in NC.
Hi Tax Advisor,
I lived in Washington State, but worked in Oregon State up until September 2012. In September 2012, I moved to Kentucky, where I currently reside. Do I need to file in all three states?
Thank you!
Hi Stephanie,
Lucky for you Washington State has no income tax, so you only have to file in two states. First you need to file a nonresident return in Oregon which will tax you only on the income you earned in OR. Then you need to file a part-year resident return in Kentucky which will tax you on all of your income for the period September-December 2012.
Hi,
My employer withheld tax for wrong state and i was living and working in another state. My income was not much and i had to keep moving between those 2 states. I am international personal and due to some restrictions, I cannot avoid either of taxes for same time period…can we pay for 2 states for same time period or is that wrong by law.
Hi Josh,
First and foremost you need to file taxes to the right state – the one where you were living and working. This is the state that you actually owe money to. Then you need to file a nonresident return for the ‘wrong’ state, the one your employer mistakenly withheld taxes for. You don’t actually owe money to that state but you have to file in order to get back what’s been withheld.
Hi Tax Advisor,
I am a resident in MD but did a 3-month internship in CA. My W-2 from CA shows the employee address as my address in MD.
Am I considered as a non-resident in CA to fill the CA state tax?
Hi Teo,
Yes, I think that you should file a California nonresident return just on the income you earned for those three months. You can check the CA definition of residency just to be sure but I’m pretty sure you’ll be considered a nonresident.