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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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I am a married woman and live in CA for the last 6 years.

Resolved Question:

I am a married woman and live in CA for the last 6 years. My husband lives in NJ, where he files our joint Income tax.

Recently I received a form from CA State Franchise tax board, which claims that I personally owe the State money in taxes for 2008.

I do not get any income from the CA state and, therefore, not sure if I have to file income tax on my own. Pls,advise
Submitted: 5 years ago.
Category: Legal
Expert:  Legalease replied 5 years ago.

Hello there.

 

Once you become a resident of a particular state which happens about 6 months after you move to that state to live permanently, you are responsible for any income taxes to the state where you have permanent residency. So, when your husband files jointly in NJ he is more than likely paying income taxes into the state of NJ for both he AND you and he should not have been doing that -- you should have at the very least filed your state taxes separately -- his should have been filed in NJ and yours should be filed in CA. You are going to need to hire a tax professional to straighten this out -- because you can apply to NJ for a REFUND of the taxes that you paid to NJ for YOU and then you will have to file taxes in CA for the past 3 years at least and pay into CA that money that should not have been sent to NJ on your behalf. Although you have lived in CA 6 years, the CA tax department cannot go back further than 3 years on any taxes that they seek to collect unless the taxing authority can prove some type of fraud against you rather than a simple mistake (which is unlikely). So, I suggest that you gather copies of all of the tax returns filed for 2008 2009 and 2010 and set up an appointment with an accountant / tax preparer who can straighten all of this out for you. In the end, you probably will not end up paying that much out of pocket because some of the money will come from NJ rebates, but there will be some interest and possibly a penalty for filing in the wrong place and for doing it for so long.

 

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