Difference between revisions of "File Taxes if You Worked in 2 Different States"
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Filing taxes can be complicated, especially when you work in two different states. This circumstance can affect the way you file your taxes. While your federal tax return won’t be affected much, filing your state returns can be a confusing process. Each state has its own slightly different tax procedures that need to be followed. The exact way you file will depend largely on your residency, income amount, and your filing status. | Filing taxes can be complicated, especially when you work in two different states. This circumstance can affect the way you file your taxes. While your federal tax return won’t be affected much, filing your state returns can be a confusing process. Each state has its own slightly different tax procedures that need to be followed. The exact way you file will depend largely on your residency, income amount, and your filing status. | ||
| − | [[Category:Taxes and Fees]] | + | [[Category: Taxes and Fees]] |
== Steps == | == Steps == | ||
===Determining Your Resident State=== | ===Determining Your Resident State=== | ||
| − | #Take note of where you live the most. You must file taxes as either a “resident,” “non-resident,” or “part-year” resident. As a general rule, your resident state is the state you live in. In other words, this is the state you go back to after a vacation or a business trip.<ref>https://ttlc.intuit.com/questions/1901036-how-do-i-know-if-i-am-a-resident-part-year-resident-or-nonresident-of-a-state</ref> | + | #Take note of where you live the most. You must file taxes as either a “resident,” “non-resident,” or “part-year” resident. As a general rule, your resident state is the state you live in. In other words, this is the state you go back to after a vacation or a business trip.<ref name="rf1">https://ttlc.intuit.com/questions/1901036-how-do-i-know-if-i-am-a-resident-part-year-resident-or-nonresident-of-a-state</ref> |
| − | #*Determine if you are domiciled in the state. For tax purposes, most states will consider you a “resident” if you are domiciled there. To be domiciled in a particular state, you must have been physically present in the state and consider it your home state.<ref>Civil Procedure: Cases and Materials, 11th Edition (American Casebook Series) (Personal Jurisdiction Chapter); Civil Procedure, 7th Edition (Examples & Explanations) (pgs. 3-27).</ref> | + | #*Determine if you are domiciled in the state. For tax purposes, most states will consider you a “resident” if you are domiciled there. To be domiciled in a particular state, you must have been physically present in the state and consider it your home state.<ref name="rf2">Civil Procedure: Cases and Materials, 11th Edition (American Casebook Series) (Personal Jurisdiction Chapter); Civil Procedure, 7th Edition (Examples & Explanations) (pgs. 3-27).</ref> |
#*For example, you move from state A to state B. After you move, you consider state B your home. Therefore, state B is your domicile, and you are a resident of state B. | #*For example, you move from state A to state B. After you move, you consider state B your home. Therefore, state B is your domicile, and you are a resident of state B. | ||
#*However, if you move from state A to state B but plan to return to state A within a few months, then state B is not your domicile because you do not consider it your new home. | #*However, if you move from state A to state B but plan to return to state A within a few months, then state B is not your domicile because you do not consider it your new home. | ||
| − | #*Living in a state temporarily (even for long periods of time) doesn't make it your domicile unless you intend to make it your permanent home. Nevertheless, because intent can be difficult to prove, states will look at a variety of factors when determining domicile: the property you own, where you are registered to vote, any licenses (such as a driver’s license), and any financial accounts held in the state.<ref>http://regantaxlaw.com/?p=2126</ref> | + | #*Living in a state temporarily (even for long periods of time) doesn't make it your domicile unless you intend to make it your permanent home. Nevertheless, because intent can be difficult to prove, states will look at a variety of factors when determining domicile: the property you own, where you are registered to vote, any licenses (such as a driver’s license), and any financial accounts held in the state.<ref name="rf3">http://regantaxlaw.com/?p=2126</ref> |
| − | #Verify your state’s residency requirements. Although being “domiciled” in a state is usually sufficient for proving “residency,” it is not necessary. You may also be considered a “resident” of a state even if you are not domiciled there.<ref>http://www.forbes.com/sites/irswatch/2013/11/04/temporary-and-transitory-visit-with-california-residency/</ref> State residency requirements may be found at the state’s Department of the Treasury. | + | #Verify your state’s residency requirements. Although being “domiciled” in a state is usually sufficient for proving “residency,” it is not necessary. You may also be considered a “resident” of a state even if you are not domiciled there.<ref name="rf4">http://www.forbes.com/sites/irswatch/2013/11/04/temporary-and-transitory-visit-with-california-residency/</ref> State residency requirements may be found at the state’s Department of the Treasury. |
| − | #*States have different requirements. In California, you are deemed a “resident” if you (1) are domiciled in the state or (2) are not in the state for a “temporary” purpose. If you work in California for 9 months or more in a year, you are presumed a resident.<ref>http://www.forbes.com/sites/robertwood/2012/11/08/leaving-california-and-its-taxes-be-careful/</ref> | + | #*States have different requirements. In California, you are deemed a “resident” if you (1) are domiciled in the state or (2) are not in the state for a “temporary” purpose. If you work in California for 9 months or more in a year, you are presumed a resident.<ref name="rf5">http://www.forbes.com/sites/robertwood/2012/11/08/leaving-california-and-its-taxes-be-careful/</ref> |
| − | #*New Jersey has complicated rules. You are defined as a “non-resident” if New Jersey was not your domicile and you spent 183 or fewer days in the state; if New Jersey was not your domicile and you spent more than 183 days in the state but did not maintain a “permanent” home there; or if you maintain no “permanent” home in any state at all and spent 30 or fewer days in the state.<ref> http://www.state.nj.us/treasury/taxation/njit24.shtml</ref> | + | #*New Jersey has complicated rules. You are defined as a “non-resident” if New Jersey was not your domicile and you spent 183 or fewer days in the state; if New Jersey was not your domicile and you spent more than 183 days in the state but did not maintain a “permanent” home there; or if you maintain no “permanent” home in any state at all and spent 30 or fewer days in the state.<ref name="rf6"> http://www.state.nj.us/treasury/taxation/njit24.shtml</ref> |
| − | #*Minnesota considers you a resident if you spent at least 183 days in the state (with any portion of the day counted as a full day) and you or your spouse owned, rented, or occupied a residence in the state with its own bathing and cooking facilities.<ref> http://www.revenue.state.mn.us/individuals/individ_income/Pages/Residency_and_the_183-Day_Rule.aspx</ref> | + | #*Minnesota considers you a resident if you spent at least 183 days in the state (with any portion of the day counted as a full day) and you or your spouse owned, rented, or occupied a residence in the state with its own bathing and cooking facilities.<ref name="rf7"> http://www.revenue.state.mn.us/individuals/individ_income/Pages/Residency_and_the_183-Day_Rule.aspx</ref> |
#*People can own property in a number of states. Owning property doesn’t necessarily make you a resident of that state, though it may be a factor in determining your permanent presence in a state. | #*People can own property in a number of states. Owning property doesn’t necessarily make you a resident of that state, though it may be a factor in determining your permanent presence in a state. | ||
#Check to see that you were a resident for the entire year. If you moved your home from one state to another during the year, then you are usually considered a “part-year” (PY) resident of both states for tax purposes. | #Check to see that you were a resident for the entire year. If you moved your home from one state to another during the year, then you are usually considered a “part-year” (PY) resident of both states for tax purposes. | ||
| − | #*In this case, you will file a PY return in both states. Any tax exemptions will be pro-rated. States pro-rate differently. Some will adjust the amount depending on the time resident in the state.<ref> http://www.tax.virginia.gov/content/exemptions</ref> Others will pro-rate depending on what percentage of your gross income you earned in the state.<ref> http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Filing_Information/Determine_Residency_Status/If_you_are_a_Part-Year_Resident.shtml</ref> | + | #*In this case, you will file a PY return in both states. Any tax exemptions will be pro-rated. States pro-rate differently. Some will adjust the amount depending on the time resident in the state.<ref name="rf8"> http://www.tax.virginia.gov/content/exemptions</ref> Others will pro-rate depending on what percentage of your gross income you earned in the state.<ref name="rf9"> http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Filing_Information/Determine_Residency_Status/If_you_are_a_Part-Year_Resident.shtml</ref> |
#*Different states can have slightly different rules about PY status, so check with your state's tax authority if you have any doubts about whether or not you are a PY resident. | #*Different states can have slightly different rules about PY status, so check with your state's tax authority if you have any doubts about whether or not you are a PY resident. | ||
#*PY status generally applies to people who move at any point during the tax year — even, for instance, one day before the end of the period. | #*PY status generally applies to people who move at any point during the tax year — even, for instance, one day before the end of the period. | ||
| − | #Determine your residency status if you’re in the military. Military personnel are often stationed in states other than their home state. The state where you enlisted (not where you’re stationed) counts as your home state until you decide to move to another state permanently.<ref | + | #Determine your residency status if you’re in the military. Military personnel are often stationed in states other than their home state. The state where you enlisted (not where you’re stationed) counts as your home state until you decide to move to another state permanently.<ref name="rf1" /> |
===Understanding Tax Requirements for Your State=== | ===Understanding Tax Requirements for Your State=== | ||
#Identify sources of income. Go through your income reports (W-2, 1098, 1099, etc.) and identify the state in which you earned the money. Make a list. | #Identify sources of income. Go through your income reports (W-2, 1098, 1099, etc.) and identify the state in which you earned the money. Make a list. | ||
#*When filing taxes for your resident state, you will report income earned in both your resident state and any other state. When filing for a non-resident state, you will report only what you earned in the non-resident state. | #*When filing taxes for your resident state, you will report income earned in both your resident state and any other state. When filing for a non-resident state, you will report only what you earned in the non-resident state. | ||
| − | #* If you live in one state and work remotely in another state, you may only need to file your resident state tax return.<ref>http://www.rapidtax.com/blog/work-remotely-pay-taxes/#ixzz3Vz542z5e</ref> But if your W-2 form for your remote job lists another state, then you need to file a non-resident state tax return for this state. In this case, you also need to file your resident state tax return. | + | #* If you live in one state and work remotely in another state, you may only need to file your resident state tax return.<ref name="rf10">http://www.rapidtax.com/blog/work-remotely-pay-taxes/#ixzz3Vz542z5e</ref> But if your W-2 form for your remote job lists another state, then you need to file a non-resident state tax return for this state. In this case, you also need to file your resident state tax return. |
| − | #*Another factor that may determine your filing status is the “source rule.” This refers to the physical place where work is completed. If you physically come to another state to complete work, you must file a non-resident tax return. If the work is physically completed in your resident state (you are working at your home, for example), then you may not have to file a non-resident state tax return.<ref>http://www.sangerlaw.com/Articles/NonresidentsWorkingRemotely.pdf</ref> | + | #*Another factor that may determine your filing status is the “source rule.” This refers to the physical place where work is completed. If you physically come to another state to complete work, you must file a non-resident tax return. If the work is physically completed in your resident state (you are working at your home, for example), then you may not have to file a non-resident state tax return.<ref name="rf11">http://www.sangerlaw.com/Articles/NonresidentsWorkingRemotely.pdf</ref> |
#Calculate if you earned enough to pay taxes. You generally will not file taxes in states where you didn't earn enough to pay taxes. Most states (and the federal government) will only tax income above a certain amount. If you make less than this amount, you won't have to pay any income taxes. | #Calculate if you earned enough to pay taxes. You generally will not file taxes in states where you didn't earn enough to pay taxes. Most states (and the federal government) will only tax income above a certain amount. If you make less than this amount, you won't have to pay any income taxes. | ||
#*The exact cut-off point varies from state to state, so check with your state tax authority to find out. | #*The exact cut-off point varies from state to state, so check with your state tax authority to find out. | ||
| − | #*For example, part-year and non-residents in Wisconsin are only taxed on income above $2,000.<ref>http://www.revenue.wi.gov/faqs/pcs/indreq.html</ref> If you made $1,800 in Wisconsin, you would not need to report it. However, you will need to report this income in your resident state. | + | #*For example, part-year and non-residents in Wisconsin are only taxed on income above $2,000.<ref name="rf12">http://www.revenue.wi.gov/faqs/pcs/indreq.html</ref> If you made $1,800 in Wisconsin, you would not need to report it. However, you will need to report this income in your resident state. |
| − | #*You don’t have to worry about filing taxes for states that don’t have an income tax. Currently, Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming do not tax income. Two other states—New Hampshire and Tennessee—tax only income from interest and dividends. <ref>https://ttlc.intuit.com/questions/1901267-states-without-an-income-tax</ref> If you earned money in one of these states, you do not need to file taxes in that state. | + | #*You don’t have to worry about filing taxes for states that don’t have an income tax. Currently, Alaska, Florida, Nevada, South Dakota, Texas, Washington, and Wyoming do not tax income. Two other states—New Hampshire and Tennessee—tax only income from interest and dividends. <ref name="rf13">https://ttlc.intuit.com/questions/1901267-states-without-an-income-tax</ref> If you earned money in one of these states, you do not need to file taxes in that state. |
#*If you worked in one of these states but are resident in a state that does have an income tax, you must report your out-of-state income in your taxes for your resident state. | #*If you worked in one of these states but are resident in a state that does have an income tax, you must report your out-of-state income in your taxes for your resident state. | ||
#Check which states have withheld taxes. Some states have tax reciprocity agreements that allow non-resident workers to request income withholding from out-of-state earnings. These agreements are usually made with neighboring states that share many employees. | #Check which states have withheld taxes. Some states have tax reciprocity agreements that allow non-resident workers to request income withholding from out-of-state earnings. These agreements are usually made with neighboring states that share many employees. | ||
| Line 32: | Line 32: | ||
#*You may have had taxes withheld from your out-of-state earnings already if you filled out the necessary forms. | #*You may have had taxes withheld from your out-of-state earnings already if you filled out the necessary forms. | ||
===Filing Separately or Jointly as a Couple=== | ===Filing Separately or Jointly as a Couple=== | ||
| − | #Determine if you plan to file separately or jointly. Married couples in the U.S. are allowed to file one tax return as a couple (this is called filing jointly) or to file their own tax returns separately. Generally, most couples get the biggest benefit from filing jointly. But there are certain situations where couples may want to file separately.<ref>https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Return/Should-You-and-Your-Spouse-File-Taxes-Jointly-or-Separately-/INF20137.html</ref> | + | #Determine if you plan to file separately or jointly. Married couples in the U.S. are allowed to file one tax return as a couple (this is called filing jointly) or to file their own tax returns separately. Generally, most couples get the biggest benefit from filing jointly. But there are certain situations where couples may want to file separately.<ref name="rf14">https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Return/Should-You-and-Your-Spouse-File-Taxes-Jointly-or-Separately-/INF20137.html</ref> |
| − | #*If one spouse earns most of the income, then the couple could benefit from filing jointly. By contrast, if each spouse earns about the same, then they might want to file separately.<ref>http://www.nolo.com/legal-encyclopedia/should-married-people-always-file-jointly.html</ref> | + | #*If one spouse earns most of the income, then the couple could benefit from filing jointly. By contrast, if each spouse earns about the same, then they might want to file separately.<ref name="rf15">http://www.nolo.com/legal-encyclopedia/should-married-people-always-file-jointly.html</ref> |
| − | #*Additionally, if one spouse had large out-of-pocket medical expenses, then you can claim a deduction if the amount exceeds 10% of your adjusted gross income. Claiming this deduction could be difficult if your adjusted gross income was too high because you filed jointly.<ref> https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Return/Should-You-and-Your-Spouse-File-Taxes-Jointly-or-Separately-/INF20137.html</ref> | + | #*Additionally, if one spouse had large out-of-pocket medical expenses, then you can claim a deduction if the amount exceeds 10% of your adjusted gross income. Claiming this deduction could be difficult if your adjusted gross income was too high because you filed jointly.<ref name="rf16"> https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Return/Should-You-and-Your-Spouse-File-Taxes-Jointly-or-Separately-/INF20137.html</ref> |
#File a part-year form if one person moved during the year. If you are filing jointly and one person was a part-year resident of two states, you will need to file using a part-year form in both states. | #File a part-year form if one person moved during the year. If you are filing jointly and one person was a part-year resident of two states, you will need to file using a part-year form in both states. | ||
#Report non-resident income when filing jointly. If you are filing jointly and one person earned non-resident income in a state outside your resident state, you will need to report this on your resident state income tax form. | #Report non-resident income when filing jointly. If you are filing jointly and one person earned non-resident income in a state outside your resident state, you will need to report this on your resident state income tax form. | ||
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===Filing Your Taxes=== | ===Filing Your Taxes=== | ||
#Calculate your federal adjusted gross income. You will usually want to complete your federal income tax return before doing your state returns. This way, you can accurately report your federal adjusted gross income on your state returns. | #Calculate your federal adjusted gross income. You will usually want to complete your federal income tax return before doing your state returns. This way, you can accurately report your federal adjusted gross income on your state returns. | ||
| − | #*If you itemize deductions, you can deduct the state income tax from your federal taxes.<ref> https://ttlc.intuit.com/questions/1901222-should-i-deduct-sales-taxes-or-state-income-taxes</ref> For this reason, you should fill out, but not file, your federal income taxes first. Print out a copy of the form and use a pencil to figure your adjusted gross income. | + | #*If you itemize deductions, you can deduct the state income tax from your federal taxes.<ref name="rf17"> https://ttlc.intuit.com/questions/1901222-should-i-deduct-sales-taxes-or-state-income-taxes</ref> For this reason, you should fill out, but not file, your federal income taxes first. Print out a copy of the form and use a pencil to figure your adjusted gross income. |
#*You can claim the deduction when you fill out and file your federal income taxes. | #*You can claim the deduction when you fill out and file your federal income taxes. | ||
#Find the tax return forms for your states. Each state will have its own specific tax return forms for you to use. Use the Revenue Department websites for both states to find the appropriate forms. | #Find the tax return forms for your states. Each state will have its own specific tax return forms for you to use. Use the Revenue Department websites for both states to find the appropriate forms. | ||
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#Take a credit for non-resident income on your resident tax form. To avoid having your out-of-state earnings taxed twice, you are usually allowed to claim a "credit" for them on the "Other State Tax Credit" portion of your resident tax form. | #Take a credit for non-resident income on your resident tax form. To avoid having your out-of-state earnings taxed twice, you are usually allowed to claim a "credit" for them on the "Other State Tax Credit" portion of your resident tax form. | ||
#*This will almost always be a dollar-for-dollar exemption. | #*This will almost always be a dollar-for-dollar exemption. | ||
| − | #*To claim this credit, you will probably need to select and fill out the long form version of most states' tax forms (as opposed to the short form version).<ref>https://ttlc.intuit.com/questions/1901271-how-do-i-file-a-nonresident-state-tax-return</ref> | + | #*To claim this credit, you will probably need to select and fill out the long form version of most states' tax forms (as opposed to the short form version).<ref name="rf18">https://ttlc.intuit.com/questions/1901271-how-do-i-file-a-nonresident-state-tax-return</ref> |
#Report income made in each state on part-year forms. If you are filing as a PY resident in two states, report your total federal adjusted gross income. You will also need to report only the amount of income that you made in the state. | #Report income made in each state on part-year forms. If you are filing as a PY resident in two states, report your total federal adjusted gross income. You will also need to report only the amount of income that you made in the state. | ||
#*For example, if you lived in California for the first part of the tax year and moved to Wisconsin for the second part of the tax year, you would need the PY tax forms for each state. | #*For example, if you lived in California for the first part of the tax year and moved to Wisconsin for the second part of the tax year, you would need the PY tax forms for each state. | ||
| Line 63: | Line 63: | ||
*Many e-file programs, such as TurboTax, help you to complete resident and non-resident tax return in one place. These programs auto-populate your reported income into the forms. They may charge a fee. | *Many e-file programs, such as TurboTax, help you to complete resident and non-resident tax return in one place. These programs auto-populate your reported income into the forms. They may charge a fee. | ||
*Read all forms carefully. Tax law is often slightly different in every state. If you have questions, consult your state’s tax authority. | *Read all forms carefully. Tax law is often slightly different in every state. If you have questions, consult your state’s tax authority. | ||
| − | *After you file your PY tax returns, your new home state will be your resident state on the next year’s taxes, unless you move again.<ref | + | *After you file your PY tax returns, your new home state will be your resident state on the next year’s taxes, unless you move again.<ref name="rf1" /> |
==Warnings== | ==Warnings== | ||
