Have Legal Questions? Ask a Lawyer Now.
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.
Please press the GREEN ACCEPT BUTTON so I will be paid for my time. I am not paid anything for this question session by Just Answer until you press the ACCEPT button on the bottom or side of this ANSWER box. This is not a hobby for me -- it is how I earn my living -- and I appreciate it when my customers are conscientious and press the ACCEPT button. Pressing ACCEPT will not cost you any additional monies -- it simply triggers the Just Answer system to pay me for this time.
THANK YOU !
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).