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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7536
Experience:  15years with H & R Block. Divisional leader, Instructor
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I am an exXXXXX XXXXXving in Japan (2.5 years) and my home office

Resolved Question:

I am an exXXXXX XXXXXving in Japan (2.5 years) and my home office in in California. I had severed all ties with California the day I left (no house, no drivers license / car registration, no bank account, etc.), however my company is forcing me to file as a CA resident.

I am wondering in the future, if I no longer work at this company, can I amend prior tax returns and obtain the taxes paid to California back? (I do not plan on living in California in the future and I established residence in another state just prior to moving overseas).

Thanks!
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D. :

Hello and thanks for trusting me to help you today. I am a tax adviser with over 15 years of experience.
I am not sure why your company would force you to file as a resident.


Safe harbor is available for certain individuals leaving California under employment-related contracts . The safe
harbor provides that an individual domiciled in California who is outside California under an employment-related
contract for an uninterrupted period of at least 546 consecutive days will be considered a nonresident unless
any of the following is met:


The individual has intangible income exceeding $200,000 in any taxable year during which the employment-related contract is in effect.


The principal purpose of the absence from California is to avoid personal income tax.

Robin D. :

Here is a good example from the CA FTB


Example  –You are a California resident . You
transferred to your employer’s Germany office for a twoyear work assignment . You visited California for a threeweek vacation . Under the safe harbor rule, you were a
nonresident of California for the two years you were in
Germany . Your three-week visit to California is considered
temporary

Robin D. :

If you established residency in another state prior to leaving then you would be a resident of that state and would need to check on their requirements too for filing.

Customer:

Thank you, XXXXX XXXXX I go back and amend returns and receive the state taxes paid?

Robin D. :

You could but you should really file correctly in the beginning.

Customer:

I do not have that choice, as the company files on my behalf.

Customer:

They are doing "hypothetical tax"

Robin D. :

Oh so you are in an agreement for gross up or down on the taxes in Japan and the US

Robin D. :

I understand

Customer:

Yes, correct - I do not pay taxes on extra benefits that I receive - I end up paying the same amount of taxes as had I stayed in California.

Robin D. :

Correct

Robin D. :

Make sure you check your agreement to see that there is no clause for amending

Customer:

ok great; as long as there is no clause then I should be able to amend? is it very likely california would be willing to accept such an amendment and if so is there a specific type of tax return advisor that I should be looking for to assist?

Robin D. :

The 540X can be completed by you or a tax preparer. You can amend with in 3 years of teh filing due date

Robin D. :

the

Robin D. :

sorry

Customer:

ok great, thank you

Robin D. :

You are most welcome.

Robin D. :

Your positive rating is always thanks enough.


 

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7536
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 3 other Tax Specialists are ready to help you

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