Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Would you be able to help with a W4 question? Illinois, We…

Greetings - would you...

Greetings - would you be able to help with a W4 question?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Illinois

Lawyer's Assistant: What steps have you taken so far?

We lived in Illinois for over 22 years. My husband and I moved to Tennessee in 2017. Our son got an apartment while working in Illinois for a few months after we sold our home and moved. He then went on to temporarily work on a tall ship stationed out of Massachusetts and paid Illinois taxes on both jobs. He was out of work for the first couple months this year but is now working on a different tall ship that is based out of Rhode Island but goes all over (it is a temporary summer job).Question: His belongings are in storage. He doesn’t own a vehicle. His Illinois driver’s license still has his apartment address on it even though he moved from there. He plans to return to Illinois to return to college and wants to keep his Illinois residency. He uses our address in Tennessee as his ‘mailing address’ so nothing will get lost. What address should he put on his W4 for this temporary job? To ensure Illinois residency and taxes are maintained?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Only that they can help me first

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/17/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,167
Experience: Helping you with your legal questions.
Verified

Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

Ask Your Own Legal Question

By chance, does he have a voter registration card or is he on the rolls of your county or town?

Ask Your Own Legal Question
Customer reply replied 1 month ago
He does have a voter registration card in Illinois in Yorkville (Kendall County)

Okay. Hold, please. I want to check on something for you.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I'd prefer everything in writing so I can hold onto it. Thanks for the phone offer tho.

The IRS and States look at the evidence of permanent residency. Having a drivings license, voter registration and receiving mail all in one state is evidence of permanent residency. Generally, the term “resident" is an individual who is in the state for other than a temporary or transitory purpose (i.e., they are not just temporary in the state). States consider a person’s “domicile" to be the place of his or her permanent home to which he or she intends to return to whenever absent from the state for a period of time.

So, if someone is working temporarily somewhere but plans to return to the domicile, then the residency would be in the state where the evidence show as the permanent residence. Note that the person should be in the state between jobs; otherwise, the residency could be challenged.

For Illinois the state says:

Full-year resident – You maintained a legal place of residence in Illinois from January 1st through December 31st. You do not have to be physically present in Illinois the entire year to be considered a full-year resident.

So, for all paper work, the address to use it the permanent resident address.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Legal Question
Customer reply replied 1 month ago
What address? His stuff is in storage and he doesn't have an address right now. I read where someone just put a state on the W4 with 'address' to be determined.

Thank you for the clarification. I was under the impression you said he had a driver's license, voter registration card and got his mail all at the same address. Also, I was under the impression he was working temporary jobs on ships. So, the address would be the same address as the evidence dictates. If he is working temporarily on jobs out of state and intends to return to Illinois, then that would be the address to use. If though, he is actually living in another state, then that is the address to use.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I stated he has been traveling - all his stuff is in storage - he doesn't have a 'home' or 'address' right now. He uses our address just for mailing purposes. He still has his driver's license from Illinois - but it has the address from the apartment he moved out of. He is still on the voter registration. You said the address would be the address the 'evidence dictates' - I'm not sure which address you mean by that - I'd very much appreciate it if you would clarify that. Thanks.

If he intends to return home to live with you after his temporary jobs and is not living anywhere else but for the temporary jobs, then the address would be where he is intending to return. If he is receiving mail at that address, and the jobs are temporary, and he votes in Illinois, then the evidence dictates that Tennesse is his permanent resident state and the address where he receives mail is the address of his permanent abode.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Legal Question

I meant Tennessee not Illinois. If you need further clarification, let me know. Otherwise, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Ask Your Own Legal Question

I meant Tennessee not Illinois.

Ask Your Own Legal Question
Customer reply replied 1 month ago
what you're saying is he could pick any state he wants and use it as a 'mailing address' only - because that's his only tie to Tennessee, he is a 'resident' of that state? That makes no sense. He goes from job to job - all he does is visit from time to time. He doesn't return to live anywhere until he is ready to return to college in Illinois. Your last statement about voting in Illinois but being a resident of Tennessee just because he is using it as a temporary mailing address makes no sense.

Sorry for the confusion. Sometimes it is hard to obtain all the facts through the Q&A. I didn't realize he was a student in school and never lived in Tennessee.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I understand. I can try to 'simplify' it. He has lived in Illinois his entire life. He put all his stuff in storage and goes from tall ship to tall ship. He has an Illinois drivers license and is still registered to vote in Illinois. He wants to maintain Illinois residency. He does not have a 'home' or an address right now. His only tie to Tennessee is he uses our address for 'temporary mailing' so nothing gets lost. He plans to return to Illinois for school. He needs to fill out a W4 and ensure Illinois taxes are taken out. What address should he put on the W4?

Well, he has to have a residence somewhere, right? It seems like it would be Illinois since he never lived in Tennessee, or one of the ships themselves, which are temporary positions where he would change addresses depending on the temporary stays. A possibility is to get a post office box address in Illinois.

I don't think anyone would be able to figure this out exactly. That is why the states look at all the evidence.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Would you recommend asking a tax attorney? I need a definitive answer on this - someone who can look at all 'evidence' and tell me what needs to go on the W4.

Sure. No need to respond now. A tax attorney who can help will see this question.

Ask Your Own Legal Question
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 317
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - let me make sure I have the facts correct. Last lived in Illinois. Went to college in Illinois. Has Illinois Drivers. Votes for Illinois elections. Works on temporary jobs out of Massachusetts. Never lived in Tennessee. Has no P.O. box or mailing address.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Greetings! His belongings are in storage. He doesn’t own a vehicle. His Illinois driver’s license (Grundy county) still has his Illinois apartment address on it even though he moved from there. He plans to return to Illinois to return to college and wants to keep his Illinois residency. He uses our address in Tennessee as his ‘mailing address’ so nothing will get lost. What address should he put on his W4 for this temporary job to ensure Illinois residency and taxes are maintained? He lived the bulk of his life in Kendall County, Illinois and the last half year (2017) in Grundy County, Illinois.

Thank you for the information - last question. When does he plan on coming back to Illinois? if known.

Ask Your Own Legal Question
Customer reply replied 1 month ago
He has been traveling for a couple months and now is working a tall ship that moves around a lot. He has worked them in the past out of Massachusetts and has always paid Mass & Illinois taxes. But, he always had an address to use. Now he's faced with not knowing what address to use on his W4 to ensure Illinois taxes are taken out and he maintains residency.
Customer reply replied 1 month ago
Depending on the college, it may be the end of this year - possibly next year.

He would need to put your address on the W4 form because that is where his mail is going. He did not work in Illinois the past year so he would not file any taxes in Illinois. He will need to file taxes in Massachusetts for the jobs he has done on the tall ships.

Ask Your Own Legal Question

That is the tax analysis - I will now give you the Illinois residency information so he can keep his residency

Ask Your Own Legal Question

Under Illinois law, you are a resident of Illinois for Illinois Income Tax purposes if: (1) you are in Illinois for other than a temporary or transitory purpose, or (2) your domicile is in Illinois but you are absent from Illinois for a temporary or transitory purpose.2 A resident of Illinois is usually, but not always, domiciled in Illinois. The term “domicile” commonly means an individual’s “permanent home,” which is where the individual intends to return to after a period of absence.3 A person has only one domicile and does not acquire a new domicile without first abandoning the prior domicile.4 The outcome of residency cases often depends on whether the person is absent from Illinois for other than a temporary purpose, but is often discussed in terms of domicile. The parties and the courts generally focus on domicile because the mere absence from one’s domicile does not generally create residency somewhere else. For instance, if a person maintains two homes—one in Illinois and the second in Florida, and the person spends a substantial amount of time in each home, then the person, for tax purposes, will almost always be a resident of the state in which the person is domiciled since the person’s activities in the other state will generally be viewed as transitory or temporary in nature.5

Whether a person is “domiciled” in Illinois or present in Illinois only for a “temporary or transitory” purpose depends on the facts and circumstances specific to each situation. There is a presumption, however, that an individual is a resident of Illinois if the individual spends in the aggregate more than nine months of any taxable year in Illinois. Additionally, if an individual is absent from Illinois for one year or more it will be presumed that the individual is a nonresident of Illinois.6 A person’s residency status is generally a matter of intent—i.e., intent to create a new home in another state (or country), or intent to remain in or be absent from a state for other than a temporary or transitory purpose. Intent is evidenced by the facts and deeds supporting the person’s behavior. Testimonial evidence of a person’s intent to become domiciled or to reside outside of Illinois is generally not sufficient to prove a change in domicile or residency.7 Rather, documentary evidence must be presented to substantiate a person’s claim that he or she is a resident of another state. Such documentary evidence may include: 1) voter registration cards; 2) automobile and driver’s license registrations; 3) maintenance of other state licenses (e.g., CPA, broker’s, hunting, fishing, boating, etc.); 4) home ownership or long-term rental agreements; 5) club, gym or organizational memberships; 6) religious affiliation with a place of worship; 7) establishment of regular medical and pharmacy providers; 8) if applicable, the filing of income tax returns as a resident in the other state; 9) the opening of bank and investment accounts; 10) burial plots; and 11) safety deposit boxes.8 The more factors present in the claimed state of residency, the more likely you will be found to be a nonresident of Illinois.

In addition to the above documents, the Department may request or subpoena other records such as: 1) flight records from a person’s airline reward programs; 2) credit card statements; 3) landline telephone and cell phone bills; 4) property tax records; 5) federal and state income tax returns; 6) trust documents and wills; and 7) insurance policies. The Department requests such documents to determine how often the individual is in Illinois during the audit period. Additionally, if the person has Illinois property, the Department will almost always check to see if the person is claiming an Illinois homeowner’s exemption on the property, since the homestead exemption for property tax is limited to property used as a primary dwelling place.9 Trust documents and wills frequently identify the person’s state of residency, and insurance policies may be used to identify the location of other real or personal property. The Department may also inquire as to the domicile of a spouse and/or children, given that a person will generally share a domicile with their immediate family. Ownership interests in a business located in Illinois, particularly if the individual is a director, managing member, partner, or otherwise actively involved in the business, may also draw additional scrutiny from the Department. The Department may also look into a person’s employment, especially employment agreements that outline duties, duration of employment or terms of an out-of-state work assignment.

Ask Your Own Legal Question

Here is why he will not file taxes in Illinois - http://www.revenue.state.il.us/Individuals/FilingRequirements/ And http://www.revenue.state.il.us/legalinformation/regs/part100/100-3020.pdf

Ask Your Own Legal Question

That also goes into the residency requirements - He can remain a resident of Illinois by doing the above mentioned things.

Ask Your Own Legal Question
Customer reply replied 1 month ago
In reply to your first response - Illinois absolutely took taxes out of his checks when he worked on a boat out of Massachusetts - he was required to pay taxes to both states! We had a tax accountant do his taxes. If someone is an Illinois resident and earns money out of state, they are required to pay both.
Customer reply replied 1 month ago
It's going to take me a bit to read through all the info you sent to see if my question is answered.

Excellent - that goes to the residency paperwork. I believe your question is answered in the information provided.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I will read it all - but can you answer my original question - if you can't I will continue to find someone who can - and I'm okay with that. What address should he put on his W4 given the situation?

He needs to put your address. As that is his primary mailing address.

Ask Your Own Legal Question
Customer reply replied 1 month ago
they will know to take out Illinois taxes? That doesn't make sense. Especially since W4's stay in house.

In a previous thread you said that his taxes have been completed by a tax attorney - I believed that all that needed to be done was placing an address on the W4. That would be his primary mailing address.The purpose of Tax Form W-4 is used by the employer to withhold the proper amount of federal income tax from your paycheck. The IRS recommends that employees submit a new W-4 tax form each year, or any time their personal or financial situation changes. The address does not govern - it is the location of the work completed.

Ask Your Own Legal Question
Customer reply replied 1 month ago
I will go with what you said and I will print out the transcript and use his temporary mailing address on it.

Okay, that is the best plan to take. I'm happy that I could help, could you please rate my answer with 5 stars?

Ask Your Own Legal Question

Can you please rate my answer - it is the only way I will get credit for helping you

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 317
Experience: Partner at McCollum Hodgkinson, P.C.
Verified
DanLegal and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask DanLegal Your Own Question
DanLegal
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 317
317 Satisfied Customers
Experience: Partner at McCollum Hodgkinson, P.C.

DanLegal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Our permanent residence is Illinois but we jointly own
Hi - our permanent residence is Illinois but we jointly own property in Florida. In order to do a quit claim deed do we have to have in done in Florida or can it be done by someone in Illinois? … read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
804 satisfied customers
An employee who has been driving our truck and will not
An employee who has been driving our truck and will not return it. He was recently terminated and we have requested the truck to be returned as now he no longer has permission to use it. Would prefer … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
Friend has been a permanent resident for over 10 years. What
Friend has been a permanent resident for over 10 years. What forms must he fill out and documents must he produce to become a U.S. citizen? How long does the process take? What is the going rate lawye… read more
Bill Attorney
Bill Attorney
law
2,008 satisfied customers
I am a legal permanant resident since July 2010 and was
Hi , I am a legal permanant resident since July 2010 and was physically not present in US for about 20 months in the past 5 years out of which I was in US only for 2 weeks since November 2017 .And I a… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
I have a question about a will and a life insurance policy.
I have a question about a will and a life insurance policy … read more
Richard
Richard
Owner
Doctoral Degree
4,489 satisfied customers
I have a question about removal of permanent residency.
I have a question about removal of permanent residency … read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
804 satisfied customers
I recently applied for 2 life insurance policies. As a
Hello. I recently applied for 2 life insurance policies. As a result of that application I found out that one of my blood tests came back with abnormal readings. The agent said I would still be covere… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
I am a permanent resident, recently planning to travel
I am a permanent resident, recently planning to travel abroad to china and cuba, will it affect me re-entrying to the states? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
When an employee is provided a domicile apartment at their
When an employee is provided a domicile apartment at their workplace, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
2 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
My permanent resident card is lost. I filed form I-90 for a
Hi, my permanent resident card is lost. I filed form I-90 for a replacement card in July 2017 which is in process. After filing I've got a temporary I-551 stamp in my foreign passport as a proof of pe… read more
KLAW
KLAW
Juris Doctorate
2,029 satisfied customers
Since my wife has been a permanent resident for over 12
Since my wife has been a permanent resident for over 12 years, do they need my past marriage divorce papers, taxes and anything else? If she was divorced, they would need any of this. Help.… read more
KLAW
KLAW
Juris Doctorate
2,029 satisfied customers
My wife's permanent residence card was mailed to us by USCIS
My wife's permanent residence card was mailed to us by USCIS on 9-8-17. We were advised that it may take up to 3 weeks to receive. After 1 month we inquired and were told we should have it. I received… read more
KLAW
KLAW
Juris Doctorate
2,029 satisfied customers
I am a permanent resident through marriage. he never told me
I am a permanent resident through marriage. he never told me he was medicated for mental illness until I discovered by myself. we lived together for about 15 months. Then who stopped taking his medica… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
If my mother is a permanent resident in the USA and lives in
Hello, if my mother is a permanent resident in the USA and lives in Florida and i am her son (29 years of age), where/how does she apply for me to get a permanent resident visa and live with her and h… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
My friend got his permanent resident card of the United
my friend got his permanent resident card of the United States thru his US citizen wife. He has a child from his previous marriage and his child lives in India and never came to the United States. Rec… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
I am getting married to a permanent resident this November.
Hello, I am getting married to a permanent resident this November. I am on my OPT status as of now. We are planning to file Green Card as a spouse in December or January. And mean while I need to appl… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
I'm a 16 years old US permanent resident. My father who is a
Hi, I'm a 16 years old US permanent resident. My father who is a US citizen owns a house in Hartsdale, NY. However he got a stroke 2 years ago and is now paralyzed and currently not in the US but he w… read more
Expert James
Expert James
Doctoral Degree
11,964 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x