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Posted by PeterL on April 27, 2008, 5:20 pm
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Our son is a full year resident of a foreign country. He gets his
mail sent to our house in California, including his investment account
and bank account. Does he need to file a CA state tax return?
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Posted by removeps-groups@yahoo.com on April 27, 2008, 8:22 pm
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> Our son is a full year resident of a foreign country. He gets his
> mail sent to our house in California, including his investment account
> and bank account. Does he need to file a CA state tax return?
>From the few facts above, I have no idea. Here is the official
documentation
http://www.ftb.ca.gov/forms/misc/1031.pdf
Focus on page 2 to 3.
If he intends to return to California, then his stay abroad is
considered temporary absence and he is still considered to be a
California resident. There is a safe harbor rule whereby you can be
considered a non-resident if out of state for over 1.5 years on an
employment related contract (see page 2).
What are the answers to the questions in part D of page 2?
<Quote>
Factors to consider:
• Amount of time you spend in California versus amount
of time you spend outside California;
• Location of your spouse and children;
• Location of your principal residence;
• Where your driver’s license was issued;
• Where your vehicles are registered;
• Where you maintain your professional licenses;
• Where you are registered to vote;
• Location of the banks where you maintain accounts;
• Location of your doctors, dentists, accountants, and
attorneys;
• Location of the church, temple or mosque, professional
associations, or social and country clubs of
which you are a member;
• Location of your real property and investments;
• Permanence of your work assignments in California;
and
• Location of your social ties.
</Quote>
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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. >>
<< >>
<< 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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Posted by PeterL on April 27, 2008, 11:10 pm
Please log in for more thread options On Apr 27, 5:22 pm, "removeps-gro...@yahoo.com" <removeps-
gro...@yahoo.com> wrote:
>
> > Our son is a full year resident of a foreign country. He gets his
> > mail sent to our house in California, including his investment account
> > and bank account. Does he need to file a CA state tax return?
> >From the few facts above, I have no idea. Here is the official
>
> documentation
>
> http://www.ftb.ca.gov/forms/misc/1031.pdf
>
> Focus on page 2 to 3.
>
> If he intends to return to California, then his stay abroad is
> considered temporary absence and he is still considered to be a
> California resident. There is a safe harbor rule whereby you can be
> considered a non-resident if out of state for over 1.5 years on an
> employment related contract (see page 2).
>
> What are the answers to the questions in part D of page 2?
>
Well, he lived in Texas for 3 yrs prior to moving overseas. Before
that he was again overseas. So we are only a convenient place for him
to send his mail, including his US bank acct., investment acct, and
driver's license. So he actually has not lived in Ca for the last 9
yrs.
--
<< ------------------------------------------------------- >>
<< 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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Posted by Seth on April 28, 2008, 10:44 am
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>Well, he lived in Texas for 3 yrs prior to moving overseas.
Wouldn't that make him a Texas resident then?
> Before
>that he was again overseas. So we are only a convenient place for him
>to send his mail, including his US bank acct., investment acct, and
>driver's license. So he actually has not lived in Ca for the last 9
>yrs.
He was a Texas resident after he was a California resident, and he has
never resided in California since becoming a Texas resident, right?
Which state is his driver's license from?
Seth
--
<< ------------------------------------------------------- >>
<< 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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Posted by PeterL on April 28, 2008, 2:17 pm
Please log in for more thread options On Apr 28, 7:44 am, se...@panix.com (Seth) wrote:
>
> >Well, he lived in Texas for 3 yrs prior to moving overseas.
>
> Wouldn't that make him a Texas resident then?
>
> > Before
> >that he was again overseas. So we are only a convenient place for him
> >to send his mail, including his US bank acct., investment acct, and
> >driver's license. So he actually has not lived in Ca for the last 9
> >yrs.
>
> He was a Texas resident after he was a California resident, and he has
> never resided in California since becoming a Texas resident, right?
>
> Which state is his driver's license from?
>
> Seth
>
Well that's the deal. He moved back home to CA for just a little bit
after Texas, then he went overseas. He did not live or work in Texas
for all of 2007. He has never worked in CA. But all his mail and his
driver license is CA. He does not own a car nor real estate. His
only connection to CA now is his DL and the addresses of his US bank
acct. and investment acct.
--
<< ------------------------------------------------------- >>
<< 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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