I maintain legal residency in IL but am living and working in NY. Which state withholding forms do I need to fill out? NY? IL? or both?

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  • 4 years ago
    Favorite Answer

    Unless you are a student attending school away from home or are active duty military stationed (or spouse of AD military) outside of your home state, where you live is your legal residence. If you live and work in NY, you are a NY resident and IL cannot tax your income.

    Even if you were an IL resident, your NY employer will only withhold NY income taxes. The only exceptions to that would be for AD military where only IL tax would be withheld from your military pay. For the spouse of AD military claiming IL residency, NO state tax would be withheld; you would have to make quarterly payments to IL.

    • Bostonian In MO
      Lv 7
      4 years agoReport

      Even if your employer has a nexus in NY, he cannot be compelled to withhold IL taxes on NY income. You don't owe IL anything since you don't reside there.

  • tro
    Lv 7
    4 years ago

    if your job is more than a yr's time your tax home is NY, you will owe taxes to both NY and Ill, but one as a part time or non resident

  • 4 years ago

    NY taxes would be withheld. You will have to do tax returns for both states.

    • Perplexio4 years agoReport

      Do I need to fill out a W-4 for NY or are those taxes going to be automatically withheld? I've found the W4 for Illinois online but there doesn't appear to be a W-4 for NY.

  • Judy
    Lv 7
    4 years ago

    NY

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  • 4 years ago

    all of them

  • Bob
    Lv 7
    4 years ago

    both

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