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  #1 (permalink)  
Old 03-28-2009, 01:10 PM
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Default Previous year taxes

Hi,
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.

I went to HR block and prepared taxes for 2005 and mailed to them.

Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

Did any one had similar experiance or any issues?
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  #2 (permalink)  
Old 03-28-2009, 01:21 PM
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Originally Posted by gauravsh View Post
Hi,
In 2005 I was working at california and my employer was at NJ. I did my tax filing with a all state agent abd he filed taxes for just NJ and federal.
Yesterday I got a notice from California that I have filed taxes using california address and didnot files state taxes for CA.
and I need to proof that I filed the taxes that year or file the taxes.

I went to HR block and prepared taxes for 2005 and mailed to them.

Same thing was there when I filed for 2006 taxes, my consultant didnt filed the taxes for CA.
So I prepared taxes for 2006 also and mailed to them. Both I mailed as a physical mail.

Did any one had similar experiance or any issues?


If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
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  #3 (permalink)  
Old 03-28-2009, 01:26 PM
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Default

Quote:
Originally Posted by snathan View Post
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
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  #4 (permalink)  
Old 03-28-2009, 01:33 PM
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Originally Posted by gauravsh View Post
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
I am not sure...check with a CPA.
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  #5 (permalink)  
Old 03-28-2009, 01:35 PM
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Default i think...

your payroll should be run against the place of your work and not your employer's state!
This is important!!!
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  #6 (permalink)  
Old 03-28-2009, 02:13 PM
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Default

Thanks,
I talked to a CPA and he said as long as I submitted the tax returns it should be fine.

My address on salary slip was of california but they never deducted any taxes for CA.
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  #7 (permalink)  
Old 03-28-2009, 02:27 PM
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Originally Posted by gauravsh View Post
Thanks, but will there be any charges against me for not filing the taxes before.
WIll it effect my immigration status.
What I heard from others is:
1.If we owe money to State/Fed then it may be a problem
2.No problem if we are supposed to get money from State/Fed

I May be wrong , but check with others too
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  #8 (permalink)  
Old 03-28-2009, 02:46 PM
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Originally Posted by snathan View Post
If you worked in CA you need to file the same state. You dont have to file the tax for the state where your employer resides.
Not always true, if the employer withholds tax (OP's case) for a certain state, you HAVE to file returns for that state. Even if the withholding was done in error. The only way around this is to get an amended W-2 from the employer without the withholding. I speak from experience.

An easy way to figure this out is as follows

1. You have to file state tax returns in the state of your residence.

2. You have to file state tax returns in state of employment (where your employer is) IF
the employer withheld taxes (for that state) from your paycheck. Technically, they
shouldn't but if they do, for whatever reason, the only way you wouldn't have to file
returns is if they amend the W-2 and give you a new one without the tax withheld.

3. You have to file state tax returns in the state where you perform work on your
employer's behalf (this applies mostly to consulting scenarios where an employee is
deployed on assignments across the country and the only time you don't have to file
taxes in the third situation is when the work performed was for a short period of time
(less than a certain number of months, I am not sure exactly how many, but I think it is
9 or 10 months).


In many cases the state of residence, employment, etc. are all the same, in some cases they are not.

One of the exceptions is states which don't have state income tax, e.g. Texas.

Of course, having to file returns in so many states doesn't mean you pay tax to each state, usually, the total state tax you end up paying is equal to the state with the highest tax rate.

e.g. if you lived in NJ, employer was in NY, and you drove to a client site in PA for all of 2008, you would file returns in NJ and PA, and if the tax rate in NJ was 6% and PA was 6.1%, you would pay 6.1%, the higher of the two. Of course, if your employer accidentally withheld taxes for NY, then you would have to file for NY, and if NY doesn't agree to give you your withheld money back, then the only way to get it back would be to have your employer give you an amended W-2.

That being said, the OP should be okay since he has now filed CA taxes for 2005 and 2006. There will be a small amount of money owed to CA-Dept. of Revenue as penalty, but that should have been calculated during filing, by whoever did the OP's taxes. If the penalty wasn't paid, the OP can expect a 'bill' from CA-DOR asking for that money.

OP, If I were you, I would look into one more thing. If you were on H-1B when you were in CA, did your employer amend the H-1B LCA to state that CA was the work location? Seeing that taxes were withheld for NJ, they might have not amended the LCA. Speak to your employer and see if that could cause any problems or if there is a way to fix that.

Good luck,
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  #9 (permalink)  
Old 03-28-2009, 04:49 PM
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Default

Thanks !!
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  #10 (permalink)  
Old 03-28-2009, 09:46 PM
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Default What will be tax status in my case

Hi

I am changing my employment and will be going to reside in Memphis, TN

My employment will be in the Arkansas State !! and My Family will be in GA for some time, I have a Part for the income this year 2009 in GA too!!

Just to add this year (2008) I have to file state taxes for South Carolina as well as GA!!

Looks like my tax story will get more interesting in 2009!!

So what will be my Tax status in Case of TN and AR? Do I will need to file taxes in both state for 2009?

thanks for your experienced input that will help me to be little proactive in this matter.
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  #11 (permalink)  
Old 03-28-2009, 11:29 PM
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PMPforGC,
I am not an accounting professional, but yes, the general rule of thumb is that you have to file state taxes in your state of residence and employment. If you have resided and worked in multiple states over the course of the year, then I would think that you would be required to file in all of those states. Although, there very well might be exemptions if you have worked in a certain state for a very short period of time.

If I were you, I would get my taxes done by a competent accounting professional, it doesn't cost a lot of money, and ensures things get done the right way.

Hope this helps.
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