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socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 38801
Experience:  Retired (mostly)
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If I work in California but live in Nevada.. do I have to

Customer Question

If I work in California but live in Nevada.. do I have to pay state income tax? Do I get a refund if I file as a nonresident in California?
JA: The Accountant will know how to help. Please tell me more, so we can help you best.
Customer: I should make about 165,000 in California but will file in Nevada. Do I have to file both places? Will I get the California state income tax back as a refund?
JA: Is there anything else important you think the Accountant should know?
Customer: Not that I can think of
Submitted: 1 month ago.
Category: Tax
Expert:  socrateaser replied 1 month ago.

Hello...you asked:

If I work in California but live in Nevada.. do I have to pay state income tax?

A: An employee owes income tax in the jurisdiction where the work is performed, unless the employee's work is transitory. Example:

1. Smith works for one month, 40 hours per week, for ABC, Inc., located in California. Smith is liable for California income tax.

2. Same facts as above, but ABC, Inc. is located in Nevada, and Smith works for only one day. Smith is liable for Nevada taxes.

There is no bright line on how much time is required to trigger liability for taxes in California. The issue is whether or not the employee's place of employment is reasonably changed to a California location, as opposed to the employee working temporarily within California for the Nevada employer.

Do I get a refund if I file as a nonresident in California?

A: You will get a credit on your Nevada tax return for any taxes paid to California. There will be no "double tax."

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Expert:  socrateaser replied 1 month ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!