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I'm fixing some tax returns from 2011 and 2012 and have a few questions. Those years I was a part time resident of NY and NC, but I filed as a full time resident of NY and didn't file anything with NC. I'm in the process of filing those NC returns. I know that you can claim credits when you pay taxes to another state. Since these taxes are 6 and 7 years old, can I amend the NY returns to claim credit for the money paid to NC after those returns are processed? If so, would there be any penalty for doing so?
I'm fixing some tax returns from 2011 and 2012 and have a few questions. Those years I was a part time resident of NY and NC, but I filed as a full time resident of NY and didn't file anything with NC. I'm in the process of filing those NC returns. I know that you can claim credits when you pay taxes to another state. Since these taxes are 6 and 7 years old, can I amend the NY returns to claim credit for the money paid to NC after those returns are processed? If so, would there be any penalty for doing so?
Since the statute of limitations has run on those years, NY shouldn't allow the amended returns with the credits, that's always one of the dangers of not filing a nonresident return when maybe you should.
That said, there's no harm in trying, sometimes things get processed that shouldn't. All they can do is say no.
Since the statute of limitations has run on those years, NY shouldn't allow the amended returns with the credits, that's always one of the dangers of not filing a nonresident return when maybe you should.
That said, there's no harm in trying, sometimes things get processed that shouldn't. All they can do is say no.
Ok thanks. I have 2 other questions:
1. Can I claim credits for the money paid to NY on the NC return?
2. For part year residents, there's a section on the NC return "Income Subject to North Carolina Tax". Both years my income sources were from unemployment and jobs in NY. I didn't work or receive money in NC. Do I put my total income as stated on my federal return, or 0 since I didn't make or receive money in/from NC?
How exactly were you a part year resident in both states for 2 years? Did you move twice or something else?
Basically my intentions were to make NY my permanent residency, but I was laid off from my job so I went back to NC. I came back to NY a few times when I found temporary work hoping they would turn permanent, but they didn't. When they ended, I went back to NC. Eventually in 2012, I found a permanent job, came back to NY, and have been here ever since.
With the intention of moving to NY (and actually moving there) and having earned most/all of your income in NY, doesn't sound like you should be paying NC taxes on anything unless you worked part time while you were there in between jobs in NY. I certainly wouldn't be subjecting the unemployment compensation to NC taxes.
Any particular reason you're dealing with this now, did NC contact you?
With the intention of moving to NY (and actually moving there) and having earned most/all of your income in NY, doesn't sound like you should be paying NC taxes on anything unless you worked part time while you were there in between jobs in NY. I certainly wouldn't be subjecting the unemployment compensation to NC taxes.
Any particular reason you're dealing with this now, did NC contact you?
I asked this question somewhere else and I'm being told that since I was receiving the unemployment while in NC, I would need to pay taxes on the amount I received while I was there.
It's been quite a mess. NC was sending mail about this to an address I've never lived at. When I finally found out and spoke to them, they let me know that substitute returns were filed for those years. After speaking with them a few more times, they let me know what I can actually still file the returns since the substitute returns don't take into account all the deductions and credits you can claim.
At this point, it would probably be to your advantage to go ahead and file as a full time resident in NC for those 2 years, show all income as taxable to NC and then take a credit for the taxes paid to NY. Sounds like this is what NC thinks anyway so I doubt they'd object. NY won't care.
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