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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience:  Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
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Illinois resident. Husband hired by CA-headquartered nonprofit

Resolved Question:

Illinois resident. Husband hired by CA-headquartered nonprofit to work outside the U.S.. The employer said his income was CA source income and therefore subject to CA PIT. So we filed CA nonresident returns beginning in 2008. We have since found out that income is considered earned where the payee performs the services. As an Illinois resident who had not spent a single day in CA since he was hired in 2008, he had no tax obligation to CA. We filed amended returns for four years about 7 months ago. Received one year refund in full. Two others on hold for audit, simply because it exceeded a certain $ threshold. Received a tax bill for additional $4000 plus on the fourth. Called to protest and they pulled that return for review. Provided CA FTB with letter from employer stating that husband had never worked in any U.S. office and work location is outside the U.S. The original returns noted we were Illinois residents with ZERO days spent in CA. The W-2 also indicated it was salary. It could be argued that they had a fiduciary duty to inform us that we did not have a tax obligation to CA. They owe us a lot of money. I have called the CA FTB repeatedly. They are useless. I am working on a letter to my state representative to complain. Any suggestions on getting them to refund our money sooner?
Submitted: 8 months ago.
Category: Tax
Expert:  Lane replied 8 months ago.

Lane :

Hi, you certainly have your arms around it .. you're right (as you know) on all points this is NOT California Source Income

Lane :

On the fiduciary duty piece, they will point to their website that actuall does a pretty good job of explaingin who has to file and even of defining what CA source income is

Lane :

And one last obvious point here, the CA FR TX Brd IS difficult, and disjointed ... at best

Lane :

What comes to mind is having an attorney (tax atorney) in CA write a letter calling for action

Lane :

ST rep to complain letter should be copied to the CA tax advocate's office

Lane :

But honestly, spending a couple of hundred bucks with someone like this: ...

Lane :

could be well spent ... see this from his site:

Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 3718
Experience: Juris Doctorate, CFP and MBA, Providing Financial & Tax advice since 1986
Lane and 5 other Tax Specialists are ready to help you
Expert:  Lane replied 8 months ago.

Thanks Brenda... this is the only attorney I've seen actually file suit AGAINST the FTB.

Also, he won.

Go get 'em

Lane

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