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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22619
Experience:  Taxes, Immigration, Labor Relations
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Hello, please reade carefully! 1. L1/H1 VISA expired

Resolved Question:

Hello,

please reade carefully!

1. L1/H1 VISA expired in 2016
2. living in the USA since 2009 (home address)
3. living in a Hotel since 12 month (July2012) cross the USA (320 days 35 different states)
4. living in Germany (40 days)
5. service technician without home base (see point 3)
6. Employer address - New Jersey

Atually I have no Apartment/House or room. I pay NO rent!

What will be the best (financial whise and legal whise)?
Which state/city I can "live" (post address / no post box)?
What can I do in my case to reduce the tax?
Do I need a permanent address/house/apartment/room?

For now my Company rigisterd me in New Jersey but I like to move to Florida soon. This will happen in about 6-12 month. In between I need a "cheap" tax solution.

What can I do?

Thanks!
Submitted: 12 months ago.
Category: Tax
Expert:  Lev replied 12 months ago.

LEV :

Hi and welcome to Just Answer!
What will be the best (financial wise and legal wise)? Which state/city I can "live" (post address / no post box)? What can I do in my case to reduce the tax? Do I need a permanent address/house/apartment/room?
From tax prospective - you are a resident alien and all your worldwide income is reported on your US tax return. That is for federal tax purposes. For state tax purposes - income is taxed based on either source of income and residency. Thus - if for instance you provided services in New Jersey - that is income from sources within New Jersey and is taxable for that state regardless where you live. On the other hand - if you are a resident of New Jersey - all your income is taxable in this state regardless where income is earned.
For state income tax purposes - it might be better to establish your residency in the state which doesn't have income tax. Florida doesn't have income tax. Texas, Nevada, South Dakota, Alaska, Wyoming do not have income tax. So - establishing a residence in any of these state might help you to save of state income taxes.

LEV :

Another issue is based on the character of your work. Because you travel a lot - if travel is job related - you may deduct your travel expenses. However - to do so - you need to establish your tax home. Generally, your tax home is the entire city or general area where your main place of business or work is located, regardless of where you maintain your family home.


If you regularly work in more than one place, your tax home is the general area where your main place of business or work is located. In determining your main place of business, take into account the length of time you are normally required to spend at each location for business purposes, the degree of business activity in each area, and the relative significance of the financial return from each area. However, the most important consideration is the length of time spent at each location.
If you do not have a regular or a main place of business because of the nature of your work, then your tax home may be the place where you regularly live.


You are traveling away from home if your duties require you to be away from the general area of your tax home for a period substantially longer than an ordinary day's work, and you need to get sleep or rest to meet the demands of your work while away.


If you do not have a regular or main place of business or post of duty and there is no place where you regularly live, you are considered an itinerant (a transient) and your tax home is wherever you work. As an itinerant, you cannot claim a travel expense deduction because you are never considered to be traveling away from home.
So to be able to deduct travel expenses - you should have a tax home. Otherwise - you are not required to have a permanent address.

Customer:

Hello thanks for that answer

Customer:

so far I understand (sorry Im from Germany) I can live (can have a mail box) where ever I want because of my travel time.


 


btw. is it legal to have a mailbox somewhere (regular address no post box)? someone is scanning my mail and send it to me. Is it legal to use a address like that for tax or payroll?

LEV :

Yes - that is absolutely legal.
There is NO law which would require to have a permanent physical address.
You may use ANY address for correspondence - it might be the address of your friend, your employer's address, PO box, mail forwarding service, a foreign address, etc - that is not an issue.
Any address may be used on your tax return.
Any address may be used for payroll purposes - as long as your employer accept it.
It would be more convenient to use a physical address for many purposes - and most persons use it - but you are not required to have one.

Customer:

perfect ... what I have todo to change my payroll/tax address? (New Jersey to Florida)

Customer:

and what my Employer has todo? (normaly thay know but they make a big trouble about it)


 


 

Customer:

I guess I have to provide my employer the W-4 form ... thats it


 


also I have to change my DL and have to provide the department of homland security my new address

LEV :

what I have to do to change my payroll/tax address?
To change your address for payroll purposes - you need to inform your employer.
To change address for federal; tax purposes - you either use this address on your tax return or use this form - http://www.irs.gov/pub/irs-pdf/f8822.pdf
For NJ income tax purposes - you need to file your tax return as part year resident - assuming you was a resident only for part or the year.
For DHS purposes - you may change your address by using this form - http://www.uscis.gov/files/form/ar-11.pdf
or may do that online - https://egov.uscis.gov/crisgwi/go?action=coa.Terms

Customer:

and my empoyer gets the W-4?

Customer:

and Iam done ...

Customer:

perfect

LEV :

Yes - you may use W4 form, but you need to verify with your employer.

Customer:

is there another way? W-4 and?

LEV :

That is the issue with your employer - and the way to change your address is established by your employer. So - to verify - you need to contact HR person.

LEV :

Let me know if you need any help.

Customer:

yes I will - you are awesome good :)

Customer:

I leave this ticket open till I talked to my company

LEV :

Sure - take your time.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22619
Experience: Taxes, Immigration, Labor Relations
Lev and 2 other Tax Specialists are ready to help you

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