Filing tax in 2 states

I moved to CA from MA in June of 2015. I work for the same company. I actually left MA on June 12, drove across country and got to CA on June 19. I saw somewhere that if you in one state for more than 6 months, you file in that state. So I was in CA for over 6 months (just over) in 2015, and MA just less than 6 months in 2015.

But on my W2 I have MA tax taken out and CA tax taken out. I have real estate taxes that I paid in MA listed on my 1099 from my mortgage company. No real estate taxes in CA as I am renting.

I definitely want to get any state tax back from both MA and CA.

How should I be filing in both states?

thank you.

Roger

Reply to
rogermccarrick
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You should file as a part-year resident in each state, as you were a resident of each state for part of the year.

I'm not sure if there is any particular guidance on exactly how to pick the date at which you switched residency given that it took several days to make the journey. If it were me, I'd probably pick the date of arrival in CA.

Reply to
taruss

You file as a part year resident in each state, MA for Jan 1 to (say) June 15, CA from Jun 16 to Dec 31.

Reply to
John Levine

Reply to
ira smilovitz

(Posted before complete)

While not technically correct, I usually pick the first/last day of the nearest month. It makes the proration easier and neither state is likely to complain over a few days worth of taxes unless your income is at pro athlete/entertainer levels.

Ira Smilovitz

Reply to
ira smilovitz

If MA is one of the states that considers you a resident until you establish residence somewhere else, I would use Jan 1-June 18 as the dates of MA residence.

Reply to
BignTall

Absolutely! ---Been there---done that!

Reply to
Pfsszxt

That's actually the general rule - you remain a resident of one state until you have the intention of permanently abandoning that residency, by take action by taking up residency in another place.

Reply to
Stuart Bronstein

I had this issue some time ago when I left NY for CA. The actual date mattered due to a capital gains transaction. After some research, I concluded that CA started to treat me as a resident under the domicile rule (I was not present in CA for a temporary or transitory purpose) on the day of arrival. I was considered to have changed my one true home from NY to CA on the day my plane landed. As such, I was no longer domiciled in NY nor was I present in NY for an indefinite period and therefore had ceased to be a NY resident on that same day.

Based on your post, you became a CA resident on the day you crossed the border into CA and that is the same day you ceased to be a MA resident.

Reply to
Alan

The other answers have told you how to file. I just want to comment on the statement above that you made, mainly for other people who might read this. It's not true. The length of time that you lived in a state does not affect whether you have to file in that state.

If you had income while you lived in a particular state, you have to file in that state, even if you only lived there a short time (assuming that the income was above the state's minimum for being required to file). You also have to file in any state that you worked in, even if you never lived in that state (again assuming that the amount you earned for working in that state is above the state's minimum for being required to file).

You don't pick one state to file in for the year. You may very well have to file in two or more states, as is true in your case.

Bob Sandler

Reply to
Bob Sandler
  1. I saw somewhere that if you in one state for more than 6 months, you file in that state. So I was in CA for over 6 months (just over) in 2015, and MA just less than
6 months in 2015.

But on my W2 I have MA tax taken out and CA tax taken out. I have real estate taxes that I paid in MA listed on my 1099 from my mortgage company. No real estate taxes in CA as I am renting.

I definitely want to get any state tax back from both MA and CA.

How should I be filing in both states? ============ I agree with other answers that both states should get partial-year resident returns.

However, I disagree that there are only "two periods" here. You may have a case for THREE periods:

1) MA residency. 2) TRANSIENT. NO state residency while travelling. (June 13-18). 3) CA residency. Some states may say that you're a resident until you've established (as opposed to abandoned) a new residence elsewhere. You need to check with MA to see what its law says about departing residency.
Reply to
D. Stussy

You raise good points but in the case of MA & CA the domicile rule applies. He left his home in MA with no present intent to return to MA and he established a new domicile in CA because he moved there intending to stay indefinitely and make it his one true home. The first night he spent in CA established his new domicile and MA will recognize that he abandoned his old domicile on that date.

Reply to
Alan

I doubt it. Mass is not going to let you go until you can show you live somewhere else.

Unless you won the lottery during the week you were on the road, it seems very unlikely that either state would complain if you picked June 15 or even June 1 or June 30 as the date where you switched states to make the calculations easier. I'd pick June 30 since that divides the year in half.

The six month rule mentioned in another message is about a presumption of residency, typically for people who live in a high tax state like MA or NY in the summer and a low tax state like FL in the winter and move back and forth. It's not relevant when you make what is clearly a permanent move.

Reply to
John Levine

resident of each state for part of the year.

date at which you switched residency given that it took several days to make the journey. If it were me, I'd probably pick the date of arrival in CA.

nearest month. It makes the proration easier and neither state is likely to complain over a few days worth of taxes unless your income is at pro athlete/entertainer levels.

Note that he says he didn't change employers. If he was paid for any work done in Mass., then Mass will also want to tax that income as a non-resident. I suspect I would examine the income check stubs to see when the Mass. tax deductions stopped. If it were me, I would choose the last day of being a Mass resident to coincide with the last day Mass tax deductionos were made.

/BAH

Reply to
jmfbahciv

Most Tax software asks specifically what day out and what day in.

Reply to
bh2os62

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