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Asked 2/3/2011

Do I fle? I know the 401K income has to be counted on federal but does it on state

I lived in WI in 2009 and owe some money and paid some from 2009 taxes but I only lived in WI for 4mo in 2010. Then I moved to TN which does not have state taxes. Should I file cause they witheld from my check and was thinking it may offset what I owed for previous year. I owed 700 and have 300 left to pay?
Would I count the draw I took from 401K after i moved to TN as income on WI state return? If so that will make me owe money. I dont want to owe money I already owe and I think legally you only have to file if you live in that state for 6 mo or longer. I was there for 4mo? I know the 401K income has to be counted on federal but does it on state?

 
 
 
 
 
Answers

Answer 1/2 - Submitted 2/4/2011

You need to file in WI as a partial year resident if you have more than $2,000 in Wisconsin source income. It doesn't matter how many months you did or did not live in the state.

Unfortunately, If you don't file properly, they will eventually just compute your tax for you, and will most likely do it in the least favorable way, while also tacking on penalties and interest.

I don't advise getting too creative in trying to avoid your responsibility to WI.

 
 

Answer 2/2 - Submitted 2/4/2011

Pension money is taxed in the state in which it was received. So roughly one-third of the amount you got in 2010 is Wisconsin income. If that amount meets or exceeds WI filing requirements, then you should file the return.

I don't know about WI specifically, but the states in general are getting more aggressive about collecting taxes to help balance their budgets. As IMHO points out, they will always calculate what you owe in the worst possible way.

 
 
 
 
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