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MequonCPA, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 2342
Experience:  CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.
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I have two questions 1) I maintain a residence in California,

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I have two questions:

1) I maintain a residence in California, but I have not worked in the state since 2004. I recently received a notice from the California State Franchise Tax Board inquiring why I had not filed a 2006 return. I informed them that I no longer worked in California (I've been working in Washington state since January, 2005) and shared this information with them. They indicated that I still must file a return. Is this correct?

2) I filed chapter 13 bankruptcy in late 2008. Am I exempt from any back taxes owed prior to the filing? I do not currenly owe any federal taxes and to my knowledge any state taxes.

Thank you for your assistance



If your state of residence is CA, all of your income is taxable in CA unless specifically excluded. When you work in one state and are a resident of another, you would normally be taxable on the income earned in the state you worked (WA). That income would also be taxable in your home state (CA). Tax laws allow for a credit for taxes paid to another state on your home state return. However, because there is no personal income tax in WA, there is no credit available on your CA return.


I can't speak to the CA back taxes owed as that is a legal versus tax matter.

Customer: replied 7 years ago.
So, even if my residence in California is a secondary residence and my primary residence is located in Washington state, must I still file a return?



No, if CA is your secondary residence, you would not be subject to tax on your WA income. However, if that was true, you should have notified CA of your change in residence.


CA could be classified as your tax home if you spend more time in CA than WA. Also, if you have a CA drivers license, CA plates on your vehicles, vote in CA, CA hunting or fishing licenses, etc there is the appearance that you are a CA resident.

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