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i have home in wi but live&worked in tx in 2003 now wi ...

Sent to Legal Experts December 26 2007 at 3:38 PM
   

i have home in wi but lived&worked in tx in 2003 now wi says i owe state taxes for that year is there a law i can state that counters this basically i am a freelance wireless engineer i have not worked in wi for several years but i still own a home their now state of wi says i owe 2003 taxes but i lived and worked in texas that year is their a tax statue i can refer to when i fill out my appeal. thank you

 

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milwaukee, Wisconsin

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Answer
December 26 2007 at 3:53 PM (15 minutes and 45 seconds later)
         
REPLIEDCheck Mark

If you are a resident of another state and worked in Wisconsin during the tax year - you are required to file a Wisconsin income tax return and pay Wisconsin income tax on employee compensation for work performed in Wisconsin.

If you are an Wisconsin resident but worked in another state - all of your income is subject to Wisconsin tax, except income earned from out-of-state business activity.

A nonresident is an individual who is not domiciled in Wisconsin for any part of the taxable year. Your domicile is your true, fixed, and permanent home where you intend to remain permanently and indefinitely and to which, whenever absent, you intend to return. It is often referred to as "legal residence." You can be physically present or residing in one state but maintain a domicile in another. You can have only one domicile at any time.

Your domicile, once established, is never changed unless all three of the following occur or exist:

  • You specifically intend to abandon your old domicile and take actions consistent with such intent, and
  • You intend to acquire a new domicile and take actions consistent with such intent, and
  • You are physically present in the new domicile.

Your domicile does not change if:

  • You leave your state of domicile for a brief rest or vacation, or
  • You leave your state of domicile to complete a particular transaction, perform a particular contract, or fulfill a particular engagement, but you intend to return to your state of domicile whether or not you complete the transaction, contract, or engagement.

Please see for reference - http://www.dor.state.wi.us/pubs/pb122.pdf




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December 26 2007 at 4:04 PM (10 minutes and 53 seconds later)
         
yes i understand. can you explain out of state business activity, basically i have an LLC and the texas company that paid me for the job in 2003 in dallas,tx was paid as corp to corp does this count as income earned from out-of-state business activity?
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December 26 2007 at 4:25 PM (21 minutes and 10 seconds later)
         
Reply to LEV's Post: please explain (except income earned from out-of-state business activity.) this was corp to corp payment from my LLC in wi paid to me from Texas corp thank you
Answer
December 26 2007 at 5:11 PM (45 minutes and 53 seconds later)
         
ACCEPTEDCheck Mark

Under current law, a corporation that is not doing business in Wisconsin and that holds an interest in a partnership or limited liability company (LLC) that is doing business in the state is not subject to the state corporate income and franchise tax if its interest is not an extension of the corporation's business.

Generally LLC is not taxable entity and all income (deductions, losses, etc) are passed through to members who in turn would report it on individual tax returns. The ruile above doesn't apply and as a resident of Wisconsin - all of your income is subject to Wisconsin tax.

Please consider Wisconsin publication 119 - http://www.dor.state.wi.us/pubs/pb119.pdf




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