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my husband and I are residents of Texas. My daughter lives

 
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Customer Question

my husband and I are residents of Texas. My daughter lives in California, where I spend a fair amount of time. I would like to obtain a California ID such as a driver's license or ID card. If I get one, such as a drivers license, would I still be able to file my taxes as a Texas resident?

Bente

Submitted: 363 days and 23 hours ago.
Category: Legal
Value: $28
Status: CLOSED

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Expert:  Ely replied 363 days and 23 hours ago.

Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.

Yes. However, note that this may lead to some issues:

1) You are supposed to only have one state ID. So if you get a CA ID, you have to turn in your TX ID, and vice versa. This may create logistical problems since TX at least requires you to have a TX ID if you LIVE in TX.

2) You get an ID where you live. Technically, you can tell CA that you live 6+ months out of the year in CA and get a CA ID, but also claim to be a resident of TX for tax purposes. However, do not be surprised if you are audited because the discrepancy between begin a TX resident but having a CA ID may have IRS raise a red flag.

So it is doable, but not advisable.

I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is rated/concluded by you (a bonus is not mandatory but is much appreciated); I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.

Expert TypeCounselor at Law
Category: Legal
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Answered: 5/14/2012

Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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