Do I claim a state of residence if I live and work overseas entire year?

[chengdu123]

I'm working and living overseas almost entire 2016, and may continue to be there for several years.  My family stay with me overseas.  I don't have any property in US, but have a valid driver license of MA.  I also keep a mail address there (my friend's address).  Should I file MA state tax return or file as a non resident status and don't file any state tax return?  Thank you.

[Carl]

I'm not sure, but I "think" this will answer your question. Under the personal information tab elect to edit that first field which shows your name, SSN and state of residence. click the state of residence field, scroll all the way to the bottom and select "Foreign or US Possession" and go from there. Does this answer your question? I'm not sure.

[SweetieJean]

<a rel="nofollow" target="_blank" href="http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/resi...>

[mesquitebean]

What is your citizenship status?

[chengdu123]

I'm not US citizen but a permanent residence

[chengdu123]

Actually, what I'm confused is whether my residency is regarded as MA, or any state?  I returned US (not always to MA) several times per year, each time only stay for 3 or 4 days.

[mesquitebean]

You said you are a US "permanent resident"?   So do you mean you have a green card, and are a "Resident Alien" for tax purposes?
I'll also ask someone familiar with international filing to assist you in this thread.

@ pk or @ bine22  Are you able to assist in this thread when you get a chance?   Thanks.

[chengdu123]

Yes, you are right.  I have a green card.  I think I should be treated as resident alien for tax purposes.  Thank you.

[pk · Accepted solution]

chengdu123, for federal purposes you are a resident and therefore foreign earned income exclusion applies as long as you have a foreign tax home and foreign earned incoem.

The state issue is diferent -- as a resident of USA you must have  residency somewhere  ( in my old foreign assignment days I  knew a lot  of people establish  residency in states  with no  income tax  -- a PO box and driver's license). However there are lot of ExPats  that do not have any connection with any state.   States generally find this a lucrative tax item -- because the  earnings are often high and  therefore many  states do not recognize the  exclusion.  However, absent any specific directive from your home state, as a US resident alien and with no in-state sourced income, there is not much your state can do to require a filing.  This is true especially if you do not intend to come back to your home state.  If you are not a resident of a state  they cannot tax your world income , just in-state sourced income.  I would suspect though that if you have previously filed MA returns  and now don't , they will send you a notice  of non-filing. All you have to do is tell them that you do not live in the state anymore -- this will mean you will lose your driver's  license and when you come back have to take the written test again.  That is my view.

[chengdu123]

Thanks a lot.  How about if I still have some income from MA?  Because I also work for a MA company at its foreign site as part-time worker.  It pays me from its headquarts in MA.   This income is not much, only a small part of my overall worldwide income.  Thank you.