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  • 1.  Individual Tax Return - NY & NJ Filing

    Bronze Most Valuable Member
    Posted 03-05-2020 03:07 PM
    Hello Everyone:  I have a single client that worked in NY all of 2019, with only NY tax w/h. She was a resident of NJ for 7 months and then moved to NY in August. When I enter this data in Lacerte, it shows all income to NY, with nothing for NJ. I have tried various ways of entering the info to try and generate a NJ return showing some income allocation, even though there most likely wouldn't be taxed owed. I even tried allocating wages pro rata in the state field, but I do not think this is correct since none of the income is from a NJ source.
    Or, should the NJ return show $0 income.
    I would appreciate everyone's help or information on the proper way to report these wages.

    Thank you.

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    Melanie Fleischer, CPA
    DUBIN & ASSOCIATES, CPAs PC
    Melville NY
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  • 2.  RE: Individual Tax Return - NY & NJ Filing

    Posted 03-06-2020 09:56 AM
    I am having a very similar problem with a NY client that moved to  NJ in November 2019.
    I cannot figure out how Lacerte program handles this matter and I do not like to perform so many manual overrides - I feel like that is taking me in the wrong direction.
    Incidentally, per a Lacerte rep - the NJ forms have not all been finalized.
    They state I should wait until today to try again! (today being Friday March 6, 2020)​

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    Pamela Sollog-Emanuel
    self
    Glen Head NY
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  • 3.  RE: Individual Tax Return - NY & NJ Filing

    Posted 03-07-2020 07:26 AM

    Hi Melanie,

    I actually had this same exact scenario (except I use Ultra-Tax. Believe it or not the NYS Practitioner help line was a good resource for guidance because what I was doing did not seem right.

    Ultimately what you want to do is get a days worked in NYS as a non resident to fill out on form IT203B. I assume you're filing an IT203 as a part year resident as well.

    So in UltraTax, the input is similar to the form, I had to put employment dates, which in the Taxpayers situation was 1/1-12/31

    On the bottom it asked me to separate wages earned as a NY resident and a non resident, and the non resident section basically allocated to line 10 of 203B which the state needs in conjunction to the IT203 showing lower NY wages even though the W2 has the full amount.

    I confirmed this with the state. For me it was easy to separate the amounts because the NYC wages were accurately reflected for half the year so I just used that figure as the resident amount.



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    Stephen Hatzistefanidis
    KONSTANTINOS HATZISTEFANIDIS, CPA
    Astoria NY
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  • 4.  RE: Individual Tax Return - NY & NJ Filing

    Posted 03-07-2020 07:31 AM
    Oh and to follow up on the NJ, I suppose if there were no withholdings for NJ, it should pick up automatically some of the federal income as a NJ resident (at least my software does) but ultimately you'd owe tax. Usually I see when they work in NY but have NJ residency declared to the employer they withhold NJ with NJ wages assigned and NJ picks up and taxes but if there aren't any, I would hope your software picks it up, otherwise you can possibly add another W2 state wages line and put the NJ portion manually if you want but I'd consult with Lacerte on that input if you end up filling out 203B

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    Stephen Hatzistefanidis
    KONSTANTINOS HATZISTEFANIDIS, CPA
    Astoria NY
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  • 5.  RE: Individual Tax Return - NY & NJ Filing

    Bronze Most Valuable Member
    Posted 03-08-2020 01:30 AM
    Stephen, thank you for your help.

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    Melanie Fleischer
    CPA
    DUBIN & ASSOCIATES, CPAs PC
    Melville NY
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  • 6.  RE: Individual Tax Return - NY & NJ Filing

    Platinum Most Valuable Member
    Posted 03-11-2020 08:21 PM
    Melanie:

    The income is all New York source income.

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    Robert Brown
    ROBERT N. BROWN, CPA
    Jericho NY
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  • 7.  RE: Individual Tax Return - NY & NJ Filing

    Silver Most Valuable Member
    Posted 03-12-2020 09:03 AM
    Melanie,

    The client is a part-year resident of NJ and should use a RESIDENT return.  Enter the dates of residency.
    The income should be taxable to NJ during the residency period.  That's how it should work.

    The income is also taxable to New York.  As a part-year resident of NY (unlike NJ) they should use a NONRESIDENT return.  You can claim a NJ resident credit for the income reported to NY Jan - Aug.

    I hope this works, because that is the way it should be reported.

    Regards,

    Brian


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    Brian Gordon CPA
    President
    State Tax Audit Representation
    626 RXR Plaza
    Uniondale, NY 11556
    516-510-6041
    bgordon@statetaxauditrep.com
    www.StateTaxAuditRep.com
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  • 8.  RE: Individual Tax Return - NY & NJ Filing

    Bronze Most Valuable Member
    Posted 03-12-2020 02:46 PM
    Thank you Robert.

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    Melanie Fleischer
    CPA
    DUBIN & ASSOCIATES, CPAs PC
    Melville NY
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Discussion Disclaimer

The opinions expressed are the views of the author alone and should not be attributed to any other individual or entity and shall not constitute an accounting opinion.