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Old 02-12-2009, 05:39 PM
 
Location: Missouri
5,835 posts, read 14,514,394 times
Reputation: 4389
Question Employer withheld taxes for the wrong state !?!

I lived and worked in Missouri; I quit my job in September 2008. I planned on staying with my aunt in Kansas for a while after quitting, so I gave my aunt's address to the payroll girl, and asked her to be sure my last paycheck + vacation pay were sent there. (I came back to Missouri 4 weeks later.) Apparently she sent that address to the corporate office in Ohio, and they then withheld Kansas and Missouri state income taxes from my last paycheck and my vacation pay. I didn't realize this until the person at H&R Block pointed it out to me yesterday. H&R Block advised me to request a corrected W-2. I then spoke to my uncle, who does taxes and he said the same thing, to have them do an amended W-2; he also said it was unlikely my former employer had even sent the Kansas tax money to Kansas yet, so they should be able to send the money to me. I emailed the payroll girl, who emailed the corporate office, who emailed me to say it was too late to do a corrected W-2 and that I would have to deal with Kansas to get my money back, if so entitled. Any tax experts here that can confirm what I am supposed to do? If my former employer is supposed to issue a corrected W-2, is there any way to make them do it? I can see how my former employer mistook my intention when I turned in a different address, but I am certain I do not owe Kansas any money, and I don't want to spend the time or the money filing a Kansas income tax form requesting my money back.
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Old 02-12-2009, 07:14 PM
 
Location: Baltimore
1,749 posts, read 4,339,917 times
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You need to file a non-resident return with Kansas and claim a full refund of the tax paid to that state. Hopefully, if you do this right away, you will get your refund before you have to file and pay Missouri. But whether or not the refund is issued in time, you will need to file a resident return with Missouri, and if you owe due to your withholding being sent to the wrong state you should try to pay it before interest and penalty starts accruing. But if you file the Kansas return now, you should have your refund by April 15th, and be able to file the Missouri return on time.

I have no idea why your uncle or your tax preparer would think that your employer had not yet sent the tax withheld to Kansas. Most employers have to file and pay withholding monthly, and many times semi-monthly, depending on how high their regular filings are. They most certainly have already remitted that money to Kansas.
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Old 10-05-2012, 10:07 AM
 
1 posts, read 9,112 times
Reputation: 10
Default Could use your advise please

Quote:
Originally Posted by janetvj View Post
You need to file a non-resident return with Kansas and claim a full refund of the tax paid to that state. Hopefully, if you do this right away, you will get your refund before you have to file and pay Missouri. But whether or not the refund is issued in time, you will need to file a resident return with Missouri, and if you owe due to your withholding being sent to the wrong state you should try to pay it before interest and penalty starts accruing. But if you file the Kansas return now, you should have your refund by April 15th, and be able to file the Missouri return on time.

I have no idea why your uncle or your tax preparer would think that your employer had not yet sent the tax withheld to Kansas. Most employers have to file and pay withholding monthly, and many times semi-monthly, depending on how high their regular filings are. They most certainly have already remitted that money to Kansas.
Similar situation as above. Lived in KS, worked in MO. Then moved to MO & notified my employer. They continued to take taxes out for KS for 2 years & none for MO. I am just now filing my taxes to the state of MO (I know I messed up, but trying to correct things). My old employer said I need to get in touch with KS for a refund. However I NEVER filed KS state taxes either. Just trying to straighten everything out here. Any suggestions? MO said this could go to garnishment soon. Please help!
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