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Domicile, Resident, Non-Resident, Part Year Resident, Part Year Non Resident

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taxhelp

Member
What is the name of your state? Several

If one has one state (A) as domicile state and another state (B) as resident state, which states should he/she have to file taxes with if:

a) if he does not have income from state of domicile.
b) if he does not have income from state of residency.
c) if he resided in both these states.
d) if income is from state of residency MOSTLY, and very little from domicile state.

Does one have to file even if the tax obligation is zero?

Also it seems that domicile is dependent on having a permanent home or just intent. Can anyone shed some light on this?What is the name of your state?
 


TinkerBelleLuvr

Senior Member
Did you live in each state part of the year? Or did you live in one state and work in another?

Generally, multiple state returns aren't for the newbies.
 

efflandt

Senior Member
Your post makes no sense. d) contradicts a) and b). Domicile is by definition your legal residence. So domicile and residence at any given time are the same thing. Sounds like you lived and worked in one state and have a 2nd home in another state. So what is the problem.

Probably the only thing you would need to file for in the 2nd state, unless you had wages in the 2nd state, would be to account for any property sales in the state that property was located (whether there was capital gain or not).

If you considered yourself a part year resident in each state, then your total income would likely be divided between the 2 states for tax purposes based on how long you were resident of each state.

What might give you a clue is what address was on your driver's license during that time?
 

tecate

Member
It all depends on the tax laws of each state. Don't assume that each state's law is the same as the rest. For example, here in California, the determination starts with your residence.

Look at the following from our regulations for a good example why your question is not easy.

This database is current through 3/21/08, Register 2008, No. 12
§ 17014. Who Are Residents and Nonresidents.


The term "resident," as defined in the law, includes (1) every individual who is in the State for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State who is outside the State for a temporary or transitory purpose. All other individuals are nonresidents.
Under this definition, an individual may be a resident although not domiciled in this State, and, conversely, may be domiciled in this State without being a resident. The purpose of this definition is to include in the category of individuals who are taxable upon their entire net income, regardless of whether derived from sources within or without the State, all individuals who are physically present in this State enjoying the benefit and protection of its laws and government, except individuals who are here temporarily, and to exclude from this category all individuals who, although domiciled in this State, are outside this State for other than temporary or transitory purposes, and, hence, do not obtain the benefits accorded by the laws and Government of this State.
If an individual acquires the status of a resident by virtue of being physically present in the State for other than temporary or transitory purposes, he remains a resident even though temporarily absent from the State. If, however, he leaves the State for other than temporary or transitory purposes, he thereupon ceases to be a resident.
If an individual is domiciled in this State, he remains a resident unless he is outside of this State for other than temporary or transitory purposes.
(b) Meaning of Temporary or Transitory Purpose. Whether or not the purpose for which an individual is in this State will be considered temporary or transitory in character will depend to a large extent upon the facts and circumstances of each particular case. It can be stated generally, however, that if an individual is simply passing through this State on his way to another state or country, or is here for a brief rest or vacation, or to complete a particular transaction, or perform a particular contract, or fulfill a particular engagement, which will require his presence in this State for but a short period, he is in this State for temporary or transitory purposes, and will not be a resident by virtue of his presence here.


Have fun!
 
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