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December 5, 2022
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I need to file both in CA and MA - how do I avoid being double taxed?

  • December 5, 2022
  • 2 replies
  • 27 views

Hello,

 

My primary home (domicile) is in California, and that's where all my income comes from. I need to file a CA tax return.

 

I do maintain a permanent place of abode in MA and I did spent most of 2021 there, taking advantage of my company's remote work policy to work remotely from MA.

 

It seems obvious based on research that I need to file both in MA and in CA. But how should I be taxed? Should I put 100% of my income in the CA file return and no income at all on the MA tax return?
Should I split the income according to the time spent in each state?
Or should I put 100% of my income on the CA return and also 100% of my income on the MA return and somehow ensure that I will mot be taxed twice (not sure how to do that)?

 

    Best answer by TomD8

    Your situation is one of dual residency.  You are a domiciliary resident of CA and a statutory resident of MA.  Therefore each state may tax 100% of your income.

     

    CA law allows CA residents to claim a credit on their CA tax return when they pay a net income tax to a state or U.S. possession on income that is also taxed by California, thus avoiding double taxation.

    https://www.ftb.ca.gov/forms/2020/2020-540-s-instructions.html

     

    File CA Schedule S with your CA tax return in order to claim the credit.

    https://www.ftb.ca.gov/forms/2020/2020-540-s.pdf

     

     

    2 replies

    TomD8Alumni - ChampAnswer
    Alumni - Champ
    December 5, 2022

    Your situation is one of dual residency.  You are a domiciliary resident of CA and a statutory resident of MA.  Therefore each state may tax 100% of your income.

     

    CA law allows CA residents to claim a credit on their CA tax return when they pay a net income tax to a state or U.S. possession on income that is also taxed by California, thus avoiding double taxation.

    https://www.ftb.ca.gov/forms/2020/2020-540-s-instructions.html

     

    File CA Schedule S with your CA tax return in order to claim the credit.

    https://www.ftb.ca.gov/forms/2020/2020-540-s.pdf

     

     

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    Larry109Author
    Level 2
    December 5, 2022

    Thank you so much for your advice. I am going to look into this.