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emc011075
emc011075, Tax adviser
Category: Tax
Satisfied Customers: 2310
Experience:  IRS licensed Enrolled Agent and tax instructor
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I just read your answer to the question submitted from Lorna

Customer Question

Hi - I just read your answer to the question submitted from Lorna in Colorado 9 years ago but which is very similar to mine:
I am a non-resident Californian, permanently residing in the UK since the mid-70s. I am a part-beneficiary of our mother's Trust which consisted of a property that sold recently and hence is subject to state capital gains, which we've been told are best paid by the beneficiaries rather than by the Trust as the rate will be lower that way. Which is fine for my brothers, but I haven't paid tax there for ages and don't know if I'm subject to paying the same percentage as they are, or if I have to pay as I don't live there anymore? And if I have to pay how do I do that as I have no tax id, only social security number. Very confusing, so any help you can give would be appreciated (are you based in CA?).
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.
Hi. My name is ***** ***** I will be happy to help you.
Because you have CA based income (sale of home located in CA) you might have to file CA tax return depending on the amount of capital gains (selling price minus your basis) you receive.
As California Nonresident you will use form 540NR. In California capital gains are taxed as ordinary income and tax rate is same for everybody, residents or nonresidents. Your tax ID is your social security number.
Regarding filing your return here's what I suggest. You can use your brother's tax adviser who can also complete your return or contact H&R Block office in UK. Here's the link with contact info: https://www.hrblock.com/expat-tax-preparation/find-an-office/index.html
They have offices around the world helping expatriates with US tax issues. Most of the returns and filing are done electronically which makes filing relatively easy.
Let me know if you have any questions.
Expert:  emc011075 replied 1 year ago.
I see you read my respond. Do you have any questions? Is there anything else I can help you with today?
And if this answered your question, please take a moment to rate my response so that I may receive credit for assisting you today. However, if you need clarification, or want to discuss this issue further, let me know. Thank you.
Customer: replied 1 year ago.
Hi - I've been busy trying to get this issue stratight and it seems now from an IRS listed tax accountant here that need to do something completely different to what you have suggested which is to request and fill out form W-9 (to deal with withholding issues and then file my 2015 accounts as any US citizen, as even though I've lived abroad for ages, that's my status as I still have my Social Security number. So thanks for trying to answer my question but I'm afraid you weren't able to help me.
Expert:  emc011075 replied 1 year ago.

W9 is request for identification number. It is used by other organization to request identification number from you. Who are you requesting identification number from and for what reason?

Having social security number doesn't necessary makes a resident. If you are US citizen or green card holder, than yes, you will file your federal return as resident, but if you don't live in CA and have no intention to return to CA, you are CA nonresident unless you choose to do so (but I would not recommend it).

Customer: replied 1 year ago.
Thanks for trying to help Eva - I'm going with the advice of the accountant here as I think my situation here is too difficult to explain in brief emails like this. I've requested a refund (which was granted) because I wasn't able to use the advice you gave me - but I made a point of praising your prompt and polite replies. Lee
Expert:  emc011075 replied 1 year ago.
No problem, Lee. I know it is easier to work with somebody face to face than over the e-mail/phone. And if you or your accountant need any resources or have a question about certain law/publication feel free to ask.

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