State tax issues for NJ resident with DC tax withheld, and likely refunded
If you already filed the DC return, you can try and wait with filing the NJ return until you get the answer from DC.  You can file an extension request with the NJ division of taxation here. Or, you can file without claiming the credit, and worst case amend later and claim it if DC refuse to refund. I find it highly unlikely that DC will decide that a person staying for a couple of months over the year in hotels will count as a resident.
Having a large state return also means that there is a potential income tax liability created at the federal level for the following year, as the situation resulted from the deduction of more on one's federal return than should have been deducted. The state refund is treated as federal income in the year it is refunded. http://blog.turbotax.intuit.com/tax-tips/is-my-state-tax-refund-taxable-and-why-90/ "New York will want to you to pay taxes on income from ""New York sources"". I'm not sure what this means to a freelance web developer.  If your wife is doing freelance web development under the same business entity as she did in New York (ie. a New York sole proprietor, corporation, etc), you probably do need to file. From nonresident tax form manual: http://tax.ny.gov/pdf/2011/inc/it203i_2011.pdf If you were a nonresident of New York State, you are subject to New   York State tax on income you received from New York State sources in   2011. If you were a resident of New York State for only part of 2011, you are subject to New York State tax on all income you received while   you were a resident of the state and on income you received from New   York State sources while  you were a nonresident.  To compute the amount of tax due, use Form IT-203, Nonresident and   Part-Year Resident Income Tax Return. You will compute a base tax as   if you were a full-year  resident, then determine the percentage of   your income that is subject to New York State tax and the amount of   tax apportioned to New York State." I assume the OP is the US and that he is, like most people, a cash-basis tax payer and not an accrual basis tax payer. Suppose the value of the rental of the unit the OP is occupying  was reported  as income on the OP's 2010 and 2011 W-2 forms but the corresponding income  tax was not withheld.  If the OP correctly transcribed these income numbers onto his tax returns, correctly computed the tax on the income reported on his 2010 and 2011 1040 forms, and paid the amount due in timely fashion,  then there is no tax or penalty due for 2010 and 2011. Nor is the company entitled to withhold tax on this income for 2010 and 2011 at this time; the tax on that income has already been paid by the OP directly to the IRS and the company has nothing to do with the matter anymore. Suppose the value of the rental of the unit the OP is occupying  was NOT reported as income on the OP's 2010 and 2011 W-2 forms.  If the OP correctly transcribed these income numbers onto his tax returns, correctly computed the tax on the income reported on his 2010 and 2011 1040 forms, and paid the amount due in timely fashion,  then there is no tax or penalty due for 2010 and 2011. Should the OP have declared the value of the rental of the unit as additional income from his employer that was not reported on the W-2 form, and paid taxes  on that money? Possibly, but it would be reasonable to argue that the OP did nothing wrong other than not checking his W-2 form carefully: he simply assumed the income numbers included the value of the rental and copied whatever the company-issued W-2 form said onto his 1040 form. At least as  of now, there is no reason for the IRS to question his 2010 and 2011 returns because the numbers reported to the IRS on Copy A of the W-2 forms match the numbers reported by the OP on his tax returns.    My guess is that the company discovered that it had not actually declared the value of the rental payments on the OP's W-2 forms for 2010 and 2011 and now wants to include this amount as income on subsequent W-2 forms. Now, reporting a lump-sum benefit of $38K (but no actual cash)  would have caused a huge amount of income tax to need to be withheld, and the OP's next couple of paychecks might well have had zero take-home pay as all the money was going towards this tax withholding. Instead, the company is saying that it will report the $38K as income in 78 equal installments (weekly paychecks over 18 months?)  and withhold $150 as the tax due on each installment. If it does not already do so, it will likely also include the value of the current rent as a benefit and withhold tax on that too. So the OP's take-home pay will reduce by $150 (at least) and maybe more if the current rental payments also start appearing on the paychecks and tax is withheld from them too. I will not express an opinion on the legality of the company withholding an additional $150 as tax from the OP's paycheck, but will suggest that the solution proposed by the company (have the money appear as taxable benefits over a 78-week period, have tax withheld, and declare the income on your  2012, 2013 and 2014 returns) is far more beneficial to the OP than the company declaring to the IRS that it made a  mistake on the 2010 and 2011 W-2's issued to the OP, and that the actual income paid was higher. Not only will the OP have to file amended returns for 2010 and 2011 but the company will need to amend its tax returns too. In summary, the OP needs to know that He will have to pay taxes on the value of the waived rental payments   for 2010 and 2011. The company's mistake in not declaring this as income to the OP   for 2010 and 2011 does not absolve him of the responsibility   for paying the taxes What the company is proposing is a very reasonable solution to the   problem of recovering from the mistake. The alternative, as @mhoran_psprep points out, is to amend   your 2010 and 2011 federal and state tax returns to declare the   value of the rental during those years as additional income,   and pay taxes (and possibly penalties) on the additional   amount due. This takes the company completely out of the picture,   but does require a lot more work and a lot more cash now rather   than in the future. "First you must understand your Marginal Tax Rate (Tax Bracket)  The exemptions you claim are like saying to your employer ""tax me on $4050 less, or more"" for each change up or down of 1 exemption.  Say you look at the table (2016 tables at my main site) and see you are in the 15% bracket. And your refund is $2000. 2000/.15 is $13,333. So you want that $13K to not be taxed. Raising exemptions by 3 (3x4050 = 12,150) will get you close. $1822 closer to your goal.  For what it's worth, you can read through the instructions for the W4, of course. But this answer skips through the details and gets you to your goal.  One point to note, since the exemption is in whole numbers, and $4050 is it, you will get close, +/- $608 if in the 15% bracket, but to get dead on, you'd need a mid year adjustment. Not worth it. A refund of under $608 should be enough for a 15%er. ($1012 for a 25%er) If you ready want to nail the taxes to a closer accuracy, you can use the line requesting additional dollars be withheld.  Most W4 discussions miss this point.  The exact number withheld by your employer comes from an IRS document known as Circular E, but retrieved as Publication 15. It will help you confirm the validity of my dirty shortcut method.  What I do recommend is that you use a quick online tax calculator to do a dry run of you return, early in the year. If you see your withholding is off in either direction, best to adjust as soon as possible.  (The numbers here now reflect 2016's $4050 exemption, recent question on Money.SE have linked to this one, prompting me to update for 2016)" There's nothing wrong with your reasoning except that you expect the tax laws to make perfect sense. More often than not they don't. I suggest getting in touch with a professional tax preparer (preferably with a CPA or EA designation), who will be able to understand the issue, including the relevant portions of the French-US tax treaty, and explain it to you. You will probably also need to do some reporting in France, so get a professional advice from a French tax professional as well. So, in my tax return, can I say that I had no US revenue at all during   this whole year? I doubt it. According to this section in Publication 15:  Collecting underwithheld taxes from employees.   If you withheld no   income, social security, or Medicare taxes or less than the correct   amount from an employee's wages, you can make it up from later pay to   that employee. But you’re the one who owes the underpayment.   Reimbursement is a matter for settlement between you and the employee.   [...] it seems that if the employer withheld less than the correct amount of FICA taxes from you, it is still the employer who owes your FICA taxes to the government, not you. I do not believe there is a way for you, an employee (not self-employed), to directly pay FICA taxes to the government without going through the employer. The employer can deduct the underwithheld amount from you future paychecks (assuming you still work for them), or settle it with you in some other way. In other words, you owe the employer, and the employer owes the government, but you do not directly owe the government. If they do deduct it from your future pay, then they can issue a corrected W-2, to reflect the amount deducted from you. But they cannot issue a corrected W-2 that says FICA were deducted from you if it wasn't. "You are on the right track, for tax purposes its all ordinary income at the end of 2016. If the free lance ""employer"" will withhold fed,state and local tax, then that takes care of your estimated tax. If they can't or won't, you will need to make those estimates and make payments quarterly for the fed and state tax at your projected tax liability.  Or, you can bump up withholding by your day job employer and cover your expected tax liability at year end without making estimated tax payments." Form 1127 (updated link) should be filed in paper (with the supporting documents) to the IRS office that has jurisdiction in the area where you live. From the instructions (see the link above):  File Form 1127 with the Internal Revenue Service (Attn: Advisory Group   Manager), for the area where you maintain your legal residence or   principal place of business. See Pub. 4235, Collection Advisory Group   Addresses, to find the address for your local advisory group. However, if the tax due is a gift tax reportable on Form 709, send Form 1127   to: Department of the Treasury Internal Revenue Service Center Cincinnati, OH 45999