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Ensuring Reciprocal Agreements Are Properly Activated for States

troy
Level 3

Taxpayer files MFJ.

The spouse mistakenly withheld taxes to Wisconsin, and they reside in Illinois.

IL and WI have a reciprocal agreement.

Based on my understanding, there is a way to make this only an Illinois state return, or at least ensure the reciprocal agreement is being recognized in ProSeries.

How do I do so?

https://tax.illinois.gov/questionsandanswers/12.html#:~:text=agreement%20with%20Illinois%3F-,What%20....

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9 Comments 9
sjrcpa
Level 15

He has to file a WI nonresident return to get a refund of the tax withheld.

Meanwhile they may owe IL.

The software should recognize the reciprocity. (Lacerte does anyway)

The more I know, the more I don't know.
tccpg289
Level 4

So basically -

No income allocated to WI, all income allocated to IL

Refund of withholding to WI.

Let's pretend that the income was indeed earned in WI and it wasn't an error - how would the software handle the reciprocity? I was always under the impression that reciprocity meant the non-resident return did not need to be filed.

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sjrcpa
Level 15

Reciprocity means the wages are only taxable in the resident state. No Wisconsin return is required. But your client might like to have the Wisconsin tax withheld refunded. Filing the nonresident return to get the refund is optional.

The more I know, the more I don't know.
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sjrcpa
Level 15

You should get some sort of message that says wages are excluded from Wisconsin return due to reciprocity with IL.

The more I know, the more I don't know.
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tccpg289
Level 4

Got it - so technically when they set up their payroll, they would need to know that their is a reciprocal agreement, and the W-2 would not need to withhold to WI.

If they don't do that, it is automatic for a NR return to get the refund.

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sjrcpa
Level 15

Pretty much.

The more I know, the more I don't know.
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garman22
Level 13
Level 13

Personally I'd let them withhold the WI tax and file that one first and wait for refund before you file Illinois. Unless client will make estimated tax payments for the no withholding on Wisconsin. But thats a judgement call. 

 

I typically file WI first before I file Illinois. But sometimes when client is late, he/she has to foot the bill. 

sjrcpa
Level 15

It is April 5.

How fast does WI issue refunds?

The more I know, the more I don't know.
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garman22
Level 13
Level 13

@sjrcpa wrote:

It is April 5.

How fast does WI issue refunds?


Lol, I doubt that fast. I have one I just finished and I told them they'll have to pay out of pocket first. 

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