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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?

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Answered in 1 minute by:
3/17/2018
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
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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.

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

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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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.

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I meant Tennessee not Illinois.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 616
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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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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 4 months 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.

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

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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.

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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

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

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Customer reply replied 4 months 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 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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.

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Customer reply replied 4 months 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?

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

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