Calif. state tax question

Apr 07, 2008 5 Replies

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

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Are you aware of any changes to that list? Feel free not to respond to this as I know you are busy right now.

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Are you> aware of any changes to that list?>

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

Why would someone living in another State or a foreign country not terminate their CA residency - other than a temporary move or a MFJ return?

Dick

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