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Posted by verse.notes on June 12, 2007, 1:07 am
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I live in Australia on a work visa; not a permanent
resident; I am US citizen. I have homes that I rent in
Connecticut. I have a Florida drivers license. I plan to
vote as an American abroad. I last voted and lived in
Florida.
Am I still a Florida resident? Do I file state taxes -- if
any -- there?
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Posted by William Brenner on June 19, 2007, 9:31 pm
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verse.notes wrote:
> I live in Australia on a work visa; not a permanent
> resident; I am US citizen. I have homes that I rent in
> Connecticut. I have a Florida drivers license. I plan to
> vote as an American abroad. I last voted and lived in
> Florida.
>
> Am I still a Florida resident? Do I file state taxes -- if
> any -- there?
Fortunately for you -- along with many others -- Florida has
no state income tax.
<< ------------------------------------------------------- >>
<< 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 >>
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<< Copyright (2006) - All rights reserved. >>
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Posted by Katie on June 19, 2007, 9:31 pm
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> I live in Australia on a work visa; not a permanent
> resident; I am US citizen. I have homes that I rent in
> Connecticut. I have a Florida drivers license. I plan to
> vote as an American abroad. I last voted and lived in
> Florida.
>
> Am I still a Florida resident? Do I file state taxes -- if
> any -- there?
Well, you're in luck, because Florida doesn't have an
individual income tax. So even if you are a resident there,
you have no tax liability.
Generally, when a U.S. citizen goes to work in a foreign
country. his or her domicile remains in the state where it
was before departure, even if the individual has severed all
ties with that state. A person's domicile is his permanent
home; the place to which, whenever absent, he intends to
return; the place where a person has fixed a habitation for
self and family. In order to change one's domicile,
generally one must meet all of three requirements: (1)
abandon the previous domicile (physically move away from
it); (2) move to and reside in a new location (light
somewhere); and (3) intend to remain in the new location
permanently or indefinitely. Expatriate employees usually
don't meet the third requirement; most U.S. citizens intend
to return to the U.S. eventually, although there certainly
are exceptions.
So your domicile probably is the last place where you had
your main home and establishment, which appears to have been
Florida. If so, as I said, you're in luck.
If your domicile were in Connecticut, you would probably be
a nonresident under Connecticut law. Although your domicile
would remain in Connecticut, you would be a nonresident if
you were present in a foreign country for at least 450 days
of any 548-day (18 month) period, did not spend more than 90
days of any taxable year in Connecticut (pro-rata for
part-year residents) and did not maintain a home in
Connecticut where your spouse or minor children resided. A
number of states have similar rules, including New York and
Delaware.
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 (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by AndyS on June 19, 2007, 9:31 pm
Please log in for more thread options verse.notes wrote:
> I live in Australia on a work visa; not a permanent
> resident; I am US citizen. I have homes that I rent in
> Connecticut. I have a Florida drivers license. I plan to
> vote as an American abroad. I last voted and lived in
> Florida.
>
> Am I still a Florida resident? Do I file state taxes -- if
> any -- there?
Florida has no state income tax. You must file US
Federal income tax however.
You should find a tax man familiar with any treaties
and agreements between the US and Australia.
Andy in Eureka, Texas
<< ------------------------------------------------------- >>
<< 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 (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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Posted by jmerante on June 19, 2007, 9:31 pm
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> I live in Australia on a work visa; not a permanent
> resident; I am US citizen. I have homes that I rent in
> Connecticut. I have a Florida drivers license. I plan to
> vote as an American abroad. I last voted and lived in
> Florida.
>
> Am I still a Florida resident? Do I file state taxes -- if
> any -- there?
I took a look at publication 54 "Tax Guide for U.S. Citizens
and Resident Aliens Abroad" (
http://www.irs.gov/pub/irs-pdf/p54.pdf ), page twelve,
Chapter 4.. Take a look at example 2 (it is similar to your
situation). For purposes of excluding foreign income, you
tax home is cannot be a foreign country as long as your
"abode" is in the US. However, I don't think the houses
that you own in the US are your abode because you don't have
any domestic connection to them.
If you wondering if your Australian income is taxed in
America, her are the (3) rules that must be met to allow
foreign income to be excluded:
* Individual's Tax home must be a foreign country. (see
above)
* The individual must have foreign earned income.
(duh....how could it be excluded if you didn't have any.)
* A US citizen who lived as a resident of a foreign country
for a whole year or at least 330 full days (does not have to
be consecutive) during any 12 consecutive months ...or....a
US resident alien from a country with whom the US has a tax
treaty who is a resident of a foreign country for the entire
tax year.
If you meet these criteria, then you will need to file
2555-EZ.
As far a Florida goes, you might have to call the state
directly, none of my tools show anything of foreign income
for Florida. I know in my state the have basically
designated a non-resident and resident statuses and that is
it. They don't care where you are, another state, another
country another planet, whatever. Either you are a resident
or you are not. Perhaps that might be a good place to
start.
Jim
<< ------------------------------------------------------- >>
<< 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 (2006) - All rights reserved. >>
<< ------------------------------------------------------- >>
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