This is for tax year 2010.
I lived / worked in IL from July 09-Sep 09. I moved to NJ and worked there from Oct 09 till Mar 10. My employer kept running(jan 10 till mar 10) my payroll for IL even though i moved out. I have not filed my Fed, state(IL, NJ) yet. I want my employer to help me with this, but no good help yet. So last year i paid the tax dues to Fed and IL, NJ. I over paid just to avoid any penalties. Since i have not filed my 2010 taxes yet,

1) How can i reclaim the tax paid while i did not live / work in IL.
2) What forms should be used. Do i need to give proper explanation and provide proof to IL tax dept?
3) Can i do file my fed, state taxes myself using any "prior year tax return" from Taxcut/taxact or anything like that.
4) One of my friend said beyond 0ct 15th, only tax consultant, should be able to file this, i cannot do myself? I am ok to take their help. But i am not sure how much they cost.

Pleas advise.

“I lived / worked in IL from July 09-Sep 09. I moved to NJ and worked there from Oct 09 till Mar 10. My employer kept running(jan 10 till mar 10) my payroll for IL even though i moved out.”---->Actually you became a part year resident of IL, NOT a full year resident of IL in 2009 and needed to file your IL tax as a part year resident ONLY on income that you earned in ILfrom July09-Sep09, 2009 and also needed to fiel your NJ return ONLY on your income that you earned in NJ from Oct09-Dec 31 , 2009 on your 2009 return as a part year resident of NJ. ON your 2010 NJ return, you had to file as a full year resident of NJ.
“1) How can i reclaim the tax paid while i did not live / work in IL. “---->You need to file IL amended return as a non resident of IL for refund; if you discover an error after your return has been mailed, you may need to amend your return.You need to file federal and state amended returns.
“2) What forms should be used. Do i need to give proper explanation and provide proof to IL tax dept?”-----> You should file Form IL-1040-X, Amended Individual Income Tax Return, if you need to change a previously filed Form IL-1040, Individual Income Tax Return due to a change that affects items used to figure your Illinois net income or credits.No, I don’t think so. You should file Form IL-1040-X only after you have filed a processable IL Income Tax return.You must file a separate Form IL-1040-X for each tax year you wish to change. Your change can occur from a state change or a federal change, i.e.,an amendment of your federal income tax return, then you need also file form 1040X for federal refund;an adjustment made by the Internal Revenue Service, or any other recomputation or redetermination. Since your change decreases the tax due to IL and you want a refund, you must file an amended return (claim for overpayment) within three years after the extended due date, three years after the date your original return was filed, or one year after the date your IL tax was paid, whichever is latest.Since your federal change decreases your IL tax, and you want a refund, you must file an amended return (claim for refund) within two years plus 120 days of federal finalization.
“3) Can i do file my fed, state taxes myself using any "prior year tax return" from Taxcut/taxact or anything like that. “----->Basically( I am NOT familiar with the software, however,), H&R Block's TaxCut software provides users with many tax forms and guides users through completing them. If you've already submitted your taxes to the IRS and later realized you made a mistake, or if you need to change your return for any other reason, you will need to a Form 1040X for an amended return. TaxCut includes this form and will help you fill it out. You must file 1040X by mail, as the IRS does not accept this form via e-file.Due to the complex nature of the tax code, it is understandable that taxpayers would make mistakes that require correcting. And although the IRS has simplified the processing of original returns by implementing e-file, it does not extend to amended returns. If you need to file an amended return, you'll need to do it the old fashioned way.As said, since you need to make changes to your exemptions, deductions, credits or income, then you will be required to complete an amended return. Unlike a current year return which can be filed electronically, an amended return must be filed by mail. The form can be downloaded from the IRS website or ordered by calling (800) 829-1040.
“4) One of my friend said beyond 0ct 15th, only tax consultant, should be able to file this, i cannot do myself? I am ok to take their help. But i am not sure how much they cost.”----->Not really; it is up to you. As said above, due to the complex nature of the tax code, it is understandable that you would make mistakes on your returns(both fed and IL amended returns) that require correcting. REMEMEBER: you can amend an already filed or efiled tax return for any tax year at any time. However, to claim a tax refund, a tax amendment has to be filed within 3 years of the date the original tax return was due, or within two years of the date you paid the tax, whichever is later.

Wnhough, thank you very much for your reply. It is very helpful.
As i said, i have sent(over paid my dues to Il and fed), by april and applied for extension, to avoid any penalty. I did not do anything after that(even after oct 15th 2010 bcos i was hoping my employer would help with corrected W2 or anyother help ). Do you suggest me to still go for amended return 1040-x?
As you mentioned the complexity of tax codes and situation like this, i am hoping to visit tax agent instead of doing myself.

Once again thank you for your reply.

“I did not do anything after that(even after oct 15th 2010 bcos i was hoping my employer would help with corrected W2 or anyother help ).”---->Correct; as the single ER in IL over-withheld SS or Medicare , fed/state tax they are required to refund it direclty to you. This isn't a fraud issue if the amount actually withheld is listed correctly on your Form W-2. It is a procedures issue, however. You cannot claim excess SS or Medicare withholding from a single job on your tax return, it MUST come from the ER. If the ER refuses to return the funds to you you can file a Form 843 to request it from the IRS but you'll have to document your due dilligence efforts to get it directly from the ER. These requests can take many months to be processed since the refunding of overwithheld SS and Medicare taxes are not an IRS responsibility. AS you said, your IL ER overwithheld (taking more taxes from your IL paycheckthan were required to pay the amount of taxes you owed to IL), when a salary is very small, or if circumstances leave you without employment for part of the year, any excess, I mean,Fed and IL state taxes you paid, regardless of how many deductions you took when you were working, will be returned to you(as long as taxes withheld on earnings that amount to more than you owed in income taxes for your 2010 tax liability on 1040). If not, then you need to file IL-1040X/1040X.
Please visit the IRS website here: https://sa2.www4.irs.gov/irfof/lang/...fgetstatus.jsp
To check your IL refund status you need to visit the dept of revenue of IL.
“Do you suggest me to still go for amended return 1040-x? “---->It is up to you. As you can see, in general, if you were convinced that doing so(filing amended returns) would lead to more money rather than an IRS Tax refund(say it costs $700 to file your amended returns while the tax refund is(would be) less than $700), do you still want to file your amended returns?? Of course the IRS still wants you file amended returns.HOWEVER, Amended returns are NOT mandatory.This may surprise you, but you are not under an affirmative obligation to file an amended tax return. As you know, you must file a taxreturn each year with the IRS if your income is over the requisite level. In fact, you can be prosecuted for failure to file (a misdemeanor) or for filing falsely (a felony).But once you've filed your return, you can't be prosecuted for failing to file an amended return, even though something may happen after you file that makes it clear your original return contains mistakes. So first ask yourself whether the return you filed was accurate to your best knowledge when you filed it. If it was, you are probably safe in not filing an amendment.I can NEVER force you to file your amended returns or NOT.
“As you mentioned the complexity of tax codes and situation like this, i am hoping to visit tax agent instead of doing myself”--->Agreed. As said above.