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State residency

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ndtxyz

New member
What is the name of your state? Texas

I am using Turbotax online and I am stuck on a question about residency. I moved away from Hawaii on January 1st of 2018 after living there for about 18 months. In the Turbotax online questionnaire, I am asked to enter the date I became a resident of my new state. When I click the help button I am given the following guidance: "The date you established residency is the date you were physically present in that state with the intention of making it your permanent home." BUT even though I left my old state in January, I wasn't actually physically present in my new state until June. What do I enter as the date I became a resident of Texas?

In my situation, I left my old state (Hawaii) with all of my possessions (suitcases and backpacks) on January 1st with the intent to move to Texas after I completed work assignments in other states. I left my wife due to her infidelity and flew away from Hawaii when my company sent me out to my first job of the year on January 1st. Before I made it to Texas, my Texas-based employer assigned me to jobs in Washington, Colorado, and California, but I didn't actually make it to Texas until June. I finally made it to Texas, dropped my stuff off at my new place (Dad's house), literally stayed for the weekend and then left to work in several other states (Washington, Pennsylvania, Minnesota, California). I eventually got all of my mail re-routed to my Texas address, but I didn't get a Texas driver's license until I returned between jobs in February of 2019.
I am not sure if it matters, but my employer continued taking Hawaii taxes out of my check until October (I intend to file a non-resident return to get that money refunded). On what date would I be considered a Texas resident? On what date would I no longer be considered a Hawaii resident?

What date do I enter into the Turbotax questionnaire as the date I became a resident Texas?
 


FlyingRon

Senior Member
Did you change your address officially with any entity (your employer, file a forwarding with the PostOffice in Hawaii, etc...).

I suspect Texas doesn't care when you declare you became a resident, the hard part would be convincing Hawaii when you were no longer a resident there. Personally, I'd use the date you left Hawaii "never to return."
 

FlyingRon

Senior Member
Even states with income taxes don't care if you claim you want to pay taxes there. It's convincing others who want to tax you that you are not subject to their taxation.

I just hope the poster isn't a migrant tattoo artist doing ten year old girls :)
 

ndtxyz

New member
I did change my address with my employer and credit card, new bank, etc. slowly over the course of several months.

When I file my non-resident return to Hawaii should I include a letter and some proof with the return or just wait for them to ask for it? If so, what proof? I could send airline receipts, airbnb/hotel receipts for most of the year showing that I was on the mainland, etc.

I am not a migrant tattoo artist doing ten year old girls, I am a migrant oil worker inspecting 50 year old refinery assets.
 

LdiJ

Senior Member
I did change my address with my employer and credit card, new bank, etc. slowly over the course of several months.

When I file my non-resident return to Hawaii should I include a letter and some proof with the return or just wait for them to ask for it? If so, what proof? I could send airline receipts, airbnb/hotel receipts for most of the year showing that I was on the mainland, etc.

I am not a migrant tattoo artist doing ten year old girls, I am a migrant oil worker inspecting 50 year old refinery assets.
What address did you give your employer as your new address and when did you give it to them?
 

LdiJ

Senior Member
I did change my address with my employer and credit card, new bank, etc. slowly over the course of several months.

When I file my non-resident return to Hawaii should I include a letter and some proof with the return or just wait for them to ask for it? If so, what proof? I could send airline receipts, airbnb/hotel receipts for most of the year showing that I was on the mainland, etc.

I am not a migrant tattoo artist doing ten year old girls, I am a migrant oil worker inspecting 50 year old refinery assets.
When did you give your employer your new address and what address did you give them.

I am really leaning towards you treating yourself as a TX resident for the whole year and then paying non-resident tax returns for the multitude of states that you worked in.

Another school of thought would be to treat yourself as a resident of each state that you worked in, for the period that you worked there, until you finally arrived in TX. However, I know for certain that TurboTax cannot handle that one, you would need a tax professional.
 

ndtxyz

New member
When did you give your employer your new address and what address did you give them.

I am really leaning towards you treating yourself as a TX resident for the whole year and then paying non-resident tax returns for the multitude of states that you worked in.

Another school of thought would be to treat yourself as a resident of each state that you worked in, for the period that you worked there, until you finally arrived in TX. However, I know for certain that TurboTax cannot handle that one, you would need a tax professional.
I gave my employer my Texas address. I gave it to them sometime in the Summer, but it took several months to make the change. At first the hr lady I dealt with wanted a driver's license and then I finally convinced her that since they were working me out of state that I had no way to get the license. Then after another few weeks she emailed me and apologized that she couldn't change it because it was all automated and that all I had to do was go online and do it myself. I finally got it changed in October/November. They withheld Hawaii taxes until the change was made. After that, my paystubs and my W-2 were sent to my Texas address.

I am also leaning toward saying I was a Texas resident all year. Should I send a letter with my non-resident form to Hawaii explaining my situation? What should the letter contain?
 

ndtxyz

New member
Even states with income taxes don't care if you claim you want to pay taxes there.
Can you expand on this? I didn't think they cared either but now not sure.

I was wondering why I would send in a non-resident return to a state and tell them I did work there. To me, it is like calling the local municipal court and telling them I was speeding and I wanted to pay a fine. If my company did not report my income to any of the states or withhold taxes, how would they know what I report to them is accurate?
This could turn into tons of returns. For example, I worked for 3 weeks in northern PA in 2018. A lot of my work is report writing after visiting a client site for an inspection. During the PA job, I did reports (worked) from my airbnb in NY, I did some reports in an airbnb in VA, and some in a coffeeshop in DC, and I was paid for travel when I flew in and out of New Jersey/Chicago/SFO. For that 3 week job, I was in 7 states. Would I really have to fill out 7 non-resident returns and split up the $15k or so I made during that 3 week period among the states I was physically in? How would any of them ever know if what I told them was accurate? What about localities that have taxes? Would I have to research if I owe money to each little town I was in? Where would I stop? Do truck drivers and business travelers fill out non-resident returns for every state they set foot in or drive through?
 

LdiJ

Senior Member
Can you expand on this? I didn't think they cared either but now not sure.

I was wondering why I would send in a non-resident return to a state and tell them I did work there. To me, it is like calling the local municipal court and telling them I was speeding and I wanted to pay a fine. If my company did not report my income to any of the states or withhold taxes, how would they know what I report to them is accurate?
This could turn into tons of returns. For example, I worked for 3 weeks in northern PA in 2018. A lot of my work is report writing after visiting a client site for an inspection. During the PA job, I did reports (worked) from my airbnb in NY, I did some reports in an airbnb in VA, and some in a coffeeshop in DC, and I was paid for travel when I flew in and out of New Jersey/Chicago/SFO. For that 3 week job, I was in 7 states. Would I really have to fill out 7 non-resident returns and split up the $15k or so I made during that 3 week period among the states I was physically in? How would any of them ever know if what I told them was accurate? What about localities that have taxes? Would I have to research if I owe money to each little town I was in? Where would I stop? Do truck drivers and business travelers fill out non-resident returns for every state they set foot in or drive through?
Your employer does not withhold taxes for the various states they send you to work in? If that is the case they are not deeming you as actually working in those states. Based on your description of your travels that makes sense.

However, if I understood you correctly you did NOT give your employer a new address when you left Hawaii. You did not give them a new address until you were physically located in TX. That would make the argument that you were still officially based in Hawaii, even though you were not physically there, until you actually were physically present in TX. That could make it difficult for you to get your withholding back from Hawaii.
 

justalayman

Senior Member
What states drivers license did you have during all this time? If Hawaii, I suspect you’ll have a hard time proving you weren’t a resident there. The fact you had a Hawaiian drivers license pretty much proves you were claiming Hawaiian residency.


Your argument you didn’t have time to obtain a Texas license is meaningless. The law doesn’t care. In fact, claiming you didn’t have time to obtain a Texas license because you didn’t set foot in the state until June pretty much proves you did not establish a Texas residency until at least that time. Presence in the state is a requirement to establish residency and you werent there until at least June.
 

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