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LA State Income Tax Question - Help
Posted on 3/21/17 at 2:28 pm
Posted on 3/21/17 at 2:28 pm
Situation: My family moved to Texas from Louisiana in July 2016. Wife still works for same company but works from home in Texas. On her W-2, all of her 2016 wages were allocated to Louisiana even though we moved to Texas in July. She did inform her company's payroll department of the move back in July so I would've expected the company to no longer withhold LA state income tax. When reaching out to the company to correct the W-2, payroll department told her that there is no need to correct the W-2 but will receive a refund from Louisiana for the extra LA state income tax withholding.
Does this sound correct? I would've expected the company to correct the W-2 for the extra tax withheld in LA from July 2016 - December 2016.
Does this sound correct? I would've expected the company to correct the W-2 for the extra tax withheld in LA from July 2016 - December 2016.
1
Posted on 3/21/17 at 3:17 pm to lsu07fan
Payroll company is not going to correct the W-2, as they actually withheld the money for LA from her paychecks and sent it to the state. They also are not going to give her the money back from the company.
File an LA partial-year return and show the income she earned while she lived in LA. Show full withholding.
Prepare to do battle with LDR... they may well have some issues with this and need you to prove you actually moved to Texas.
And make sure the company stops withholding money for LA!!
File an LA partial-year return and show the income she earned while she lived in LA. Show full withholding.
Prepare to do battle with LDR... they may well have some issues with this and need you to prove you actually moved to Texas.
And make sure the company stops withholding money for LA!!
Posted on 3/21/17 at 6:02 pm to LSUFanHouston
Thank you LSUFanHouston! I think that's my only option. My concern is that the income reported on her W-2 will not match the amount sourced to LA. To source LA income, my thought is to only include the LA income earned from January 2016 - June 2016 per her pay stubs. Thoughts?
They have corrected her withholding for 2017 so she is ok going forward.
They have corrected her withholding for 2017 so she is ok going forward.
Posted on 3/21/17 at 6:09 pm to lsu07fan
the State box on her W-2 is going to show a full year of LA income. You need to use the pay stubs to figure out the correct amount taxable in LA.
That difference is what can cause you a potential issue.
That difference is what can cause you a potential issue.
Posted on 3/24/17 at 3:40 pm to LSUFanHouston
As a follow up, my wife lived in LA for more than 6 months in 2016. Per La. Rev Stat. Ann section 47:31(1). "Louisiana defines a resident as any individual domiciled, or maintains a permanent place of abode or spend in aggregate more than six months of the tax year within Louisiana." As such, she qualifies as a resident of LA and must file a resident return.
Filing a resident return would tax us on our full federal taxable income even though I worked in TX for the full year and my wife worked in LA for only 6 months. Is it possible to file MFJ for Federal and MFS for state purposes? The best answer would be if we could file a Part Year resident return but it seems like she qualifies as a resident.
Filing a resident return would tax us on our full federal taxable income even though I worked in TX for the full year and my wife worked in LA for only 6 months. Is it possible to file MFJ for Federal and MFS for state purposes? The best answer would be if we could file a Part Year resident return but it seems like she qualifies as a resident.
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