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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4027
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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In August of 2010, my wife and I moved from North Carolina

Resolved Question:

In August of 2010, my wife and I moved from North Carolina to Florida. When it was tax time I had to file for NC state, but not for Florida because they don't have a state income tax. Well now we've been audited and NC wants to claim all the money that we made in Florida for 2010. Is that right? Do they deserve the money we made in Florida? What does the law say?
Submitted: 1 year ago.
Category: Tax
Expert:  Stephen G. replied 1 year ago.

Stephen G :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything that is not clear.

Stephen G :

I presume that you changed your residence to Florida in August of 2010 & you still are Florida residents now?

Stephen G :

Did you sell your home in North Carolina?

Customer:

Yes, we changed our residency in August of 2010. We got an apartment, FL drivers licenses and plates, utilities set up.

Customer:

And yes, we did sell our house in North Carolina. We rented when we moved to Florida.

Stephen G :

Well, you only owe NC tax on the earnings while you were NC residents.

Stephen G :

Do you know if you filed a Part-Year resident's return for 2010 in NC?

Customer:

Yes, I filed a partial year return for 2010 for NC.

Stephen G :

What is NC asking for?

Customer:

But the NC Dept of Revenue told me that because I was in NC for more than 183 days that I was a "100% resident".

Customer:

They want us to pay them $1,684.37

Stephen G :

Well, that would be the rule if you had residents in both states; but you didn't so that rule doesn't apply.

Customer:

If it was some other state, I would understand where they're coming from. But Florida is exempt from state tax.

Customer:

So how do I fight this?

Stephen G :

What type of paperwork did they send you? It should have a summary of your appeal rights.

Customer:

I have a copy of it that I can email to you.

Stephen G :

Did you register to vote in Florida?

Customer:

Its called a Notice of Individual Income Tax Assessment.

Customer:

I imagine I would have registered to vote in Florida when I got my driver's license.

Customer:

But I don' t know how I can prove that.

Stephen G :

Unfortunately, we can't exchange email addresses with customers.

Customer:

I have my FL drivers license right here. It shows that I was issued the license on September 1st, 2010.

Stephen G :

You can get an affidavit from the town where you live that you are a registered voter and when you registered; in order to register to vote, you must be a resident of the town where you are a registered voter.

Stephen G :

You'll have to write them a letter & send them a copy of your driver's license, automobile registration and if you can get it a copy of the affidavit from the town that you are a registered voter.

Customer:

I'll do what you're suggesting. But my concern is that their argument was that I was there for more than 50% of the year. I just hope that showing residency in Florida will trump their argument.

Stephen G :

You should say that your move to Florida was permanent and you reported all of the your earnings from NC on your 2010 Part-year Resident Return and that you do not maintain a second resident in North Carolina and you have not worked in North Carolina since August of 2010, & both you & your wife should sign the letter with this statement above your signatures:

Stephen G :

"We hereby certify, under the pains and penalties of perjury, that all of the information, facts and statements in this letter are true, accurate & complete to the best of out knowledge and belief. Signed this 15th day of March, 2013."

Stephen G :

and then both of you should sign & date it

Stephen G :

Send it back with a copy of their notice; you keep the original of the notice

Customer:

This will be good enough for them to waive the fees?

Stephen G :

It isn't really a case of waiving the fees, they have no basis to assess them in the first place; the 183 day rule is what they apply to NC residents who go to Florida for the winter and try to claim they were there long enough to be FL residents.

Customer:

I can see why that makes sense.

Stephen G :

You made a permanent move; it isn't the same thing; they have no claim on your Florida earnings. Besides they have no easy way to try & collect it as long as you don't have any assets in NC.

Stephen G :

This is all you can do at the moment; there's nothing else you can do now; if they keep billing you then you'll have to threaten to sue them; they are just hoping you'll pay it to get rid of them.

Stephen G :

Then the next year, they'll say "well you paid it last year so you still must be NC residents".

Customer:

So I should just write the letter "to whom it may concern"?

Customer:

I have a PO BOX but not a specific person to send the letter to.

Stephen G :

No, didn't anyone sign the communication?

Customer:

No. Its more of a bill than a letter.

Stephen G :

OK, then address it to the "Commissioner of Revenue, State of North Carolina"

Customer:

ok.

Stephen G :

and send it to the PO Box

Stephen G :

Is it going to the capitol city or some other place?

Customer:

Thank you.

Customer:

Raleigh, NC

Stephen G :

that's the capitol, right?

Customer:

yes

Stephen G :

OK, thought I remembered that from the old license plate game we use to play as kids

Stephen G :

If you need to contact me again with any tax or financial questions, you can just ask for "Steve G" at the beginning of your question. Again, please remember to rate my response. Bonuses, where you think they are warranted, and excellent ratings, are always most appreciated. Thanks again for using JustAnswer.com.

You may get a short survey from the site; if it isn't too much trouble please answer it; thanks, SEG

Stephen G :

come back & find me if this doesn't work & we'll figure out what to do next;

Customer:

Thank you for all of your help. If this works out, you'll have saved us close to $1700!

Customer:

Have a good night.

Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 4027
Experience: Extensive Experience with Tax, Financial & Estate Issues
Stephen G. and 11 other Tax Specialists are ready to help you

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