Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax
This answer was rated:

Here's the situation - In 2016, my wife worked ( still

Here's the situation - In...
Here's the situation - In 2016, my wife worked ( still works) in CA and me in MN. We plan to file jointly. I must have traveled to CA for around 40-50 days total in the year ( to be with her), but I remotely worked for my MN employer while I was there. This is technically an internship job for my wife, so she is still domiciled in MN ( she does have a CA apartment lease and driving license, but she is on lease in MN too and generally provides her permanent mailing address as MN)My initial basic questions are:1. Is my wife CA non-resident?
2. Am I CA non-resident?
3. Does my employer need to withhold CA taxes? If yes, how ? - just prorated for 40-50 days?
4. When we file jointly, do we file MN resident and CA non-resident? ( or what should it be?)I am not looking for generic answers regarding 2 states' taxes etc. I would prefer specific MN/CA answers.Thanks
Show More
Show Less
Ask Your Own Tax Question
Answered in 2 minutes by:
10/10/2016
Rick Martin
Rick Martin, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 93
Experience: CPA
Verified

Hi, I'm happy to answer your question. I'm a CPA with 25 years experience. What do your W-2's say? If you haven't received them yet, what have you set up with your respective payroll departments?

Ask Your Own Tax Question

It would be helpful to get more background on your situation, but I will answer your question based on what you wrote.

Ask Your Own Tax Question
Customer reply replied 1 year ago
Haven' received 2016 W2s. All 2015 W2's mention employee addresses as MN. But the thing is, I want to indicate to my employer if he should have been doing something else to address my remote working situation ?I was in the process of editing the question when I got your reply - so I will just add the edits here
5. I understand that specific situation differs based on incomes, but would filing separate be more efficient here? May be cleaner?Also - I ask all of the above questions as going ahead,I am trying to arrange a more frequent "work from CA" status with my MN employer. Would like to know what happens when I start nearing 50% or more time in CA.
Customer reply replied 1 year ago
Sorry--I meant to add that payroll probably has same info as 2015, so all addresses would currently be MN with both employers in both states.

From what you described you would both be part-year residents. As such, you would be taxed on all income received while working in CA.

For an employee, everything is driven by W-2. For example, if you never worked in CA, but your employer accidentally put CA on your W2, CA would seek income taxes. Likewise, if you work some in CA, but your W2 says MN, only MN would seek income taxes.

https://www.ftb.ca.gov/individuals/fileRtn/Nonresidents_PartYear_Residents.shtml#residency_status

Ask Your Own Tax Question

You would file CA part-year resident and MN part-year resident. Your wife would file only in CA unless she worked in MN. It isn't based on your drivers license or what permanent address you use. Your tax address is generally based on where you work.

Ask Your Own Tax Question

Your wife lives and works temporarily in CA. It is clear all of her withholdings should be in CA. It appears that you, however, have flexibility with where you perform your work.

Ask Your Own Tax Question

Thank you for this opportunity to answer your question. I kindly ask that you give me a good rating if you are happy with my service. I strive to maintain my 5 star rating. I will remain online in case you have any follow on questions. -Rick

Ask Your Own Tax Question

I just sent you an offer for a live phone call. I recommend we speak on the phone.

Ask Your Own Tax Question
Customer reply replied 1 year ago
Thanks Rick - but based on CA residency rules ( also the link you provided), I don't think me and my wife are part-time residents. We are still domiciled in MN and all my visits to CA to my wife have been temporary/transitory. Especially me - I have never established CA residency even for a short duration ( never stayed there longer than 10 days). In case of my wife, as she has started "living" there - you might say that she is a candidate for being CA resident. But note that both our payrolls/W2 shall have MN addresses.Why do you think we are part-time residents ? I think based on the definitions, we should both be non-residents of CA.I apologize but your responses are a little confusing ( may be because they are spread over a few different instances ). Could you kindly revisit the residency part and re-answer them all together in the 5 bullet point format as they were presented ? I have added clarity to the questions/reframed them as below - you can answer inline.1. Is my wife resident, non-resident or part-time resident for CA? How about for MN?2. Am I CA non-resident or part-time resident?3. Who ( between me and/or my employer) needs to do anything (what is it?) about the fact that I was working remotely from CA for 40-50 days total ?Or another way of putting this is - do I do something when I file taxes next year, or do I tell my employer to do something this year ( modify W2/withholding etc.)4. Assuming we file jointly for Federal, for State(s) if we want to stick to filing jointly, what should we exactly do? e.g is it going to be MN resident and CA non-resident?5. I understand that specific situation differs based on incomes, but would filing separate for state be more efficient here? May be cleaner?Regards,

Hi Raj, I'm going to opt out and see if another expert can better respond to your questions. I'm sorry I was unable to answer all of your questions.

Ask Your Own Tax Question
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,074
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

Different expert here - my name is ***** ***** please allow me to provide you with additional information.

Your wife is a CA resident for tax purposes. She lives and works in CA. It does not matter to CA that she uses MN as her permanent mailing address. CA is one of the most greedy and aggressive states when it comes to taxes it believes it is owed. She will file a CA resident tax return.

You are a CA non-resident. You live and work in MN and simply visit your wife in CA. You will file a MN resident tax return.

Your employer does not need to withhold CA taxes.

https://www.ftb.ca.gov/forms/2015/15_1031.pdf

Please let me know if I can assist you further.

Thank you and best regards,

Barb

Ask Your Own Tax Question
Customer reply replied 1 year ago
Thanks Barbara .1. You mentioned that my wife is a resident for CA ( making her non-resident for MN ?). Her 2015 W2 had MN address on it, so will 2016. Does that mean only her MN tax has been withheld?2. I am still a little unconvinced (not doubting, just trying to understand ) about she being a resident though - according to your link, she is a resident only if she is in CA for a non transitory purpose or domiciled there. Not sure what all domiciled "covers", but she was an intern ( a.k.a temporary) and only got recently absorbed as a regular employee. Does "staying" in CA for an appreciably long time (e.g > 6 months) automatically make one resident for tax?3. When you say she should file CA resident (hence MN non-resident) and me MN resident (hence CA non-resident) - how does it work when we want to file state taxes jointly ? Or were you implying we should file state taxes separately? I was imagining that when we file jointly (like we did last year when she was in CA for < 6 months, again on an internship), our tax person prepared a MN resident and CA non-resident return for us jointly.Was that incorrect then?Regards,

I understand what you're saying, but CA will argue that your wife got her CA driver's license, signed a lease, etc. As I mentioned, CA is very greedy and aggressive.

Additionally, CA is a community property state, which complicates things.

https://www.ftb.ca.gov/individuals/Filing_status_information.shtml

https://ttlc.intuit.com/questions/3182239-i-live-and-work-in-ca-my-wife-lives-and-works-in-nv-for-ca-state-filing-tt-thinks-i-m-non-resident-and-wants-me-to-allocate-days-of-the-year-and-income-earned-in-ca

Ask Your Own Tax Question
Customer reply replied 1 year ago
Apologize for the late reply. Thanks for the response. I think I found what I was looking for in the links your provided.
Customer reply replied 1 year ago
Why can't I Submit and close this thread?

Not a problem.

I'll forward this to customer service so you can rate my answer and the thread can be closed.

Best regards,

Barb

Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,074
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified
Barbara and 87 other Tax Specialists are ready to help you
Ask your own question now

Thank you for the positive rating of my answer. It is very much appreciated.

Best regards,

Barb

Ask Your Own Tax Question
Ask Barbara Your Own Question
Barbara
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,074
4,074 Satisfied Customers
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.

Barbara 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:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,310 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,695 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
If someone has obtained my tax return and w-2 without my
Good morning. If someone has obtained my tax return and w-2 without my permission as well as showing it to other people, is that legal? … read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
Does a common paymaster have to file a 940/941/w-2 for each
Does a common paymaster have to file a 940/941/w-2 for each corporation involved? … read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
I live in Texas (no State Income Tax) and got offered a part
I live in Texas (no State Income Tax) and got offered a part time telecommute job in the State of California. They are going to take out State Income Tax on my California paycheck. Will i taxed in Cal… read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
738 satisfied customers
For a ny state partnership tax return, if you file an
For a ny state partnership tax return, if you file an extension but don't pay anything and then end up owing a lot. Do they still recognize the extension or do they charge a failure to pay penalty (fo… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Is real estate income taxed only in the state they are
Hi. Is real estate income taxed only in the state they are generated in? For example, if someone owned investment real estate in Texas that has a 0% state income tax and lives in Pennsylvania, would t… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
I filed for an extension to file my 2017 income tax return.
I filed for an extension to file my 2017 income tax return. I recently suffered a stroke - 6 weeks ago - and have been unable to finalize my return. I should be able to file it within the next 30 days… read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
Where can I get the Federal income tax regulation? Where can
Where can I get the Federal income tax regulation? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
We have been filing income taxes as married, filing jointly,
Hello My name is*****: What state are you in? It matters because laws vary by location. Customer: We have been filing income taxes as married, filing jointly, in California … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I'm going my federal income taxes. I have a small business.
I'm going my federal income taxes. I have a small business. I have 1099s from some of the companies that paid me, and the rest were individuals, various amounts. I listed all the 1099s separately in T… read more
abci168
abci168
Principal
27 satisfied customers
I recently filed amended federal tax returns (1040x) for
I recently filed amended federal tax returns (1040x) for 2013 and 2014. I have received a refund for 2014 and am answering some additional questions for 2013. Do I need to file amended tax returns for… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
What would the federal and state tax rate percentages be for
What would the federal and state tax rate percentages be for a $7700 IRA early withdrawal in Ohio?… read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
This is a question about state income taxes between IL and
This is a question about state income taxes between IL and WI. Earlier this year, my wife and I were living in WI, I worked for a WI employer and she worked for an IL employer. We filed state taxes in… read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
738 satisfied customers
FEDERAL INCOME TAX: A SINGLE WOMAN RECEIVES A 2016 FORM W-2
FEDERAL INCOME TAX: A SINGLE WOMAN RECEIVES A 2016 FORM W-2 FROM HER EMPLOYER WITH A TYPO IN THE SOCIAL SECURITY NUMBER. TO DATE THE EMPLOYER HAS NOT PROVIDED A "CORRECTED" FORM W-2. IS THERE AN IRS "… read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,230 satisfied customers
What is the income tax rate if it is not withdrawn from the
Hi! What is the income tax rate if it is not withdrawn from the LLC? The owner has not withdrawn any balance from the business all the amount reinvested into the business. Thank you!… read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
I filed income taxes i 2015 in Arkansas and federal with
I filed income taxes i 2015 in Arkansas and federal with Jackson Hewlett. They found an error in my state income tax. They just refiled and sent the forms in to Arkansas. After getting home I noticed … read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,230 satisfied customers
US FEDERAL INCOME TAX. QUESTION: A SINGLE WOMAN OWNS A
US FEDERAL INCOME TAX. QUESTION: A SINGLE WOMAN OWNS A HOUSE, HER PRINCIPAL RESIDENCE, AND LIVES IN IT FOR 4 YEARS. IN 2017 SHE MARRIES A MAN WHO WILL ALSO USE IT AS HIS PRINCIPAL RESIDENCE BUT NOT HA… read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,230 satisfied customers
Income from federal return incorrectly transferred to state
income from federal return incorrectly transferred to state return … read more
Barbara
Barbara
Enrolled Agent
4,074 satisfied customers
Is a 1040 US Individual Income Tax Return federal income
Hi Is a 1040 US Individual Income Tax Return federal income taxes owed to the US government? Or is it FICA? I received a letter owing some back taxes and since I'm a priest with a weird set of tax exc… read more
ABC Accounting Group
ABC Accounting Group
Bachelor\u0027s Degree
682 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x