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.
I work in South Carolina and live in North Carolina. I pay SC State taxes in SC, but NC is sending me a bill saying I owe them. Is there a form I need to fill out at the time of filing? because now I am paying NC & SC state taxes. Also can I do a Amendment from 2012-2014? that’s how long I’ve been paying double taxes.
Hi Millie,
You are responsible for taxes in the state where you physically reside and the state where you physically earn an income. The only time that this would not be the case is if the two states in question have a reciprocal agreement with each other. Unfortunately, although they share a name, the Carolinas so not have this agreement in place. Therefore, you are responsible for both state’s taxes.
I’ve lived in CA since 2009 and my husband moved from IL only in 2011. So in March, when we filed taxes, we did married file jointly and he paid IL state tax and I paid CA state tax since he didn’t have any earnings in CA for 2010. 5 years later, now we get a letter from CA State saying we owe $$$$$ because my husband didn’t pay CA taxes. Apparently we are considered Cali residents since we filed from here and whatever he paid IL will be counted towards the state tax but we have to pay a huge sum now. My tax accountant told us to file jointly. Wish we just did it as single. If we amend the return now and do a married file separately, will the amount go down? Did I just got to a really bad accountant. Feeling hopeless.
Hi Avan,
Spouses residing in two different states can make tax filing confusing. Unfortunately, you must file an amended return within three years from the date you filed your initial return for that year (or two years from the date you paid the tax). The best advice that your accountant could have given you and your husband would have been to file a joint federal tax return but separate state tax returns. This is common for couples who want to benefit from the married filing status but live in different states. It keeps the confusion to a minimum.
My company is based in Milw., WI. I’m relocating to OH August 31st, but still working for same company. My husband will stay in Milw. Do I file part resident in each state and jointly for federal?
Hi Lisa,
That is correct. You will file a part-year resident tax return for WI and a part-year resident tax return for OH with the filing status of “married filing separate”. You can still file a joint federal tax return with your spouse.
I live in Illinois as a student and then moved to Texas for the summer to work, and will move back in August. I’m required to file a part year resident return, correct?
I was also had IL tax withheld on my first paycheck despite living and working in Texas for that income. Am I able to get that back or?
Thank you 🙂
Hi Peter,
If you are a resident for tax purposes of Illinois, you will need to file a resident state tax return for Illinois. You will not need to file a state tax return for Texas since it is an income-tax free state. That being said, you will not be able to claim the income tax that was withheld while living in Texas since you will not be filing a non-resident tax return for Texas.
You mentioned a part-year resident state tax return. You would not need to file this because even though you worked and lived in Texas, it was such a short period of time that you would most likely not be considered a resident for tax purposes. According to what you mentioned above, there was no intention to make Texas your permanent place of domicile.
I live and work in Kenrucky. So….Why am I paying State tax to KY and AL? And why are the state taxes being paid to AL almost 4times the amount of the KY taxes being taken out?
Hi Valerie,
If you live and work in Kentucky, then you should not be having any Alabama taxes withheld from your paychecks. I highly recommend that you speak with your payroll department as soon as possible as it seems they may have made a mistake. Don’t worry too much though as you will be able to claim this amount back when you file your taxes for the year. You will just need to file a non-resident state tax return to claim back the unauthorized amount.