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Subject Author Date
Calif. state tax question Nicholas 04-07-2008
Posted by Nicholas on April 7, 2008, 7:37 pm
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We're Oregon residents and we were flown to Calif. to appear on a TV
program last year.
We were paid, and our payment had an amount withheld for "Calif. tax",
and have received a 592B Nonresident Withholding Tax statement.

Is there a procedure to recover that tax amount from Calif. or does it
come out in the wash on our normal Fed return?

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Posted by D. Stussy on April 7, 2008, 10:30 pm
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> We're Oregon residents and we were flown to Calif. to appear on a TV
> program last year.
> We were paid, and our payment had an amount withheld for "Calif. tax",
> and have received a 592B Nonresident Withholding Tax statement.
>
> Is there a procedure to recover that tax amount from Calif. or does it
> come out in the wash on our normal Fed return?

File a CA form 540NR.

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<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
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Posted by Katie on April 8, 2008, 12:25 am
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> We're Oregon residents and we were flown to Calif. to appear on a TV
> program last year.
> We were paid, and our payment had an amount withheld for "Calif. tax",
> and have received a 592B Nonresident Withholding Tax statement.
>
> Is there a procedure to recover that tax amount from Calif. or does it
> come out in the wash on our normal Fed return?


You have California source income arising from this activity. You
need to file a nonresident return (Form 540NR, as Stussy says) to
calculate the tax, and claim credit for the tax that was withheld.

Usually, when one is a resident of one state and has income from a
source in another state, the residence state allows credit for the tax
paid to the source state, so that, net, one pays state income tax on
that income at the higher of the two states' average rates for the
taxpayer's filing status, income level, number of dependents, etc.
Oregon and California, however, stand in a reverse relationship
whereby the source state allows credit for the tax paid to the
residence state. When you prepare your 540NR, include Schedule S to
claim credit against the California tax for the tax you paid to Oregon
on that income. You may not get all of the withholding back, but
you'll probably get most of it.

Katie in San Diego

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Alan on April 12, 2008, 11:51 am
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Katie wrote:
>> We're Oregon residents and we were flown to Calif. to appear on a TV
>> program last year.
>> We were paid, and our payment had an amount withheld for "Calif. tax",
>> and have received a 592B Nonresident Withholding Tax statement.
>>
>> Is there a procedure to recover that tax amount from Calif. or does it
>> come out in the wash on our normal Fed return?
>
>
> You have California source income arising from this activity. You
> need to file a nonresident return (Form 540NR, as Stussy says) to
> calculate the tax, and claim credit for the tax that was withheld.
>
> Usually, when one is a resident of one state and has income from a
> source in another state, the residence state allows credit for the tax
> paid to the source state, so that, net, one pays state income tax on
> that income at the higher of the two states' average rates for the
> taxpayer's filing status, income level, number of dependents, etc.
> Oregon and California, however, stand in a reverse relationship
> whereby the source state allows credit for the tax paid to the
> residence state. When you prepare your 540NR, include Schedule S to
> claim credit against the California tax for the tax you paid to Oregon
> on that income. You may not get all of the withholding back, but
> you'll probably get most of it.
>
> Katie in San Diego
>
Katie,

Do you have and can make available or do you know where one might
find a list of states that have the reverse relationship you
mention in your post?

On a related manner, there is a list of states that have
reciprocal agreements with each other at
http://www.payroll-taxes.com/articles/reciprocals.html. Are you
aware of any changes to that list?

Feel free not to respond to this as I know you are busy right now.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Katie on April 12, 2008, 4:41 pm
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> Katie wrote:

snip

>
> > Usually, when one is a resident of one state and has income from a
> > source in another state, the residence state allows credit for the tax
> > paid to the source state, so that, net, one pays state income tax on
> > that income at the higher of the two states' average rates for the
> > taxpayer's filing status, income level, number of dependents, etc.
> > Oregon and California, however, stand in a reverse relationship
> > whereby the source state allows credit for the tax paid to the
> > residence state.  When you prepare your 540NR, include Schedule S to
> > claim credit against the California tax for the tax you paid to Oregon
> > on that income.  You may not get all of the withholding back, but
> > you'll probably get most of it.
>
> > Katie in San Diego
>
> Katie,
>
> Do you have and can make available or do you know where one might
> find a list of states that have the reverse relationship you
> mention in your post?
>
> On a related manner, there is a list of states that have
> reciprocal agreements with each other
athttp://www.payroll-taxes.com/articles/reciprocals.html. Are you
> aware of any changes to that list?
>
> Feel free not to respond to this as I know you are busy right now.
>


I believe these are all current, although I haven't checked in a
while.

CA allows credit to residents of AZ, OR, IN, VA, and Guam.
AZ allows credit to residents of CA, OR, IN, VA, and DC.
OR allows credit to residents of AZ, CA, IN, and VA.
IN allows credit to residents of AZ, CA, OR, and DC.
VA allows credit to residents of AZ, CA, OR, and DC.
And I presume, although I don't know for sure, that Guam allows credit
to residents of California.

Katie in San Diego

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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