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Ask Lane Your Own Question
Category: Tax
Satisfied Customers: 12681
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Lane, If a tax payer is living in TN and working in TN

Customer Question

Hi Lane,
If a tax payer is living in TN and working in TN because his employer moved there, but his wife and child live in CA, does the income earned in TN get taxed as CA income?
Submitted: 2 years ago.
Category: Tax
Customer: replied 2 years ago.
He has worked/lived there since December 2012. His wife and child are staying back in CA where wife works and child attends school. They file a joint tax return.
Expert:  Lane replied 2 years ago.



Yes, CA will say that he is a California resident. Their definition of residency is based on whether or not he intends to return


California is very aggressive about this. They will say, even for individuals that work overseas for years, that the time spent out of the state is transitory,


See this from CA FTB:

"I only lived in California for part of the year. Do I have to file a California return? ...

If you were married you must file a return if:

  • Either spouse was a California resident for any part of the year or either spouse was a nonresident who had income from California sources.
  • Your combined gross income from all sources including income from outside California was more than $32,097 or
  • Your combined adjusted gross income from all sources was more than $25,678.