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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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My niece was living in Los Angeles, California up till December

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My niece was living in Los Angeles, California up till December 2008 (she filed all of her taxes for 2008). On January 2nd she got married with Canadian citizen and moved to live in Canada. She is not working right now, however, she did receive 1099G from State about her State income tax Refunds for $1,189.

Her husband is going to do his taxes as married... SHould she do another final one for California as a single for 2009? (which is not true) - Does she even need to do anything about it?

Thank you

Hello ter,


She does not need to file a return with the state of California for 2009 if she moved to Canada the first part of the year and had no income from California for 2009.


The form 1099G is just a tax form to report that she received a refund from CA state in the year 2009 for her 2008 tax return. This form is ONLY needed for federal tax purposes and not for state tax purposes. It is not taxable income in the state of CA.



Thank you tert



Customer: replied 7 years ago.
But does she need to report that income in Canada or 1040 in USA?

Hello tert,


The income does not need to be reported in Canada.


She may have to report it on her US tax return, but ONLY if she itemized her deductions in 2008 on her federal return.


When she filed her 2008 federal return, if she itemized her deductions then one of the deductions she would have claimed would have been for all of the state tax withheld from her checks. If she later got a refund for a portion of those taxes, then she reports that as income in the following year, which is why the state sent that form.


But if she did not itemize her deductions in 2008 and instead took the standard deduction, that means she never claimed a deduction for her state taxes to begin with, and she would not now need to report this as income on her 2009 return.


If this was helpful please press the Accept button. Positive feedback is also appreciated.


Thank you ter



Customer: replied 7 years ago.

She did itemized her deductions, so I will go ahead and do 1040 for her - but should I do her status as single or married? As soon as I click 'REPLY' I will go ahead and accept - thank you very much for all your help!

Hello ter,


If she was married on January 2, 2009 then you will file her status as married on her 2009 return. It does not matter that she was single in 2008 which is the year the refund applied to.



Thank you ter



Merlo and other Tax Specialists are ready to help you
Customer: replied 7 years ago.
thanks again

Thank you for using JA