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New Member
posted Apr 11, 2024 5:50:56 AM

Do i have to file a SC tax return

Living with family in SC the entire 2022 year, held a residence and filed in SC for 2023.  Left the US literally on Dec 31 2022 due to emergency circumstances, havn't been back to the US since, do i still have residency? Own nothing in the US.  No one knows im gone, banks, brokers, DMV, still have me on file living in SC. Eventually plan to return.

 

Filed my Federal taxes. Only have investment income ex 1099 DIV, 1099 INT, a 1099 MISC for minor USOI investment).

Income was practically poverty wages, would've received a small refund from the Fed which Intuit will take...  Ran the SC taxes will owe and receive nothing, Intuit wants another 70$ for the privilege.  Do i even need to file a SC state return not even being there or working there?

0 3 9447
3 Replies
Expert Alumni
Apr 11, 2024 6:03:40 AM

It depends on your intentions, and where your 2023 income comes from. 

 

The state of South Carolina says that you are still a resident if:

 

  • Your intention is to maintain South Carolina as your permanent home.
  • South Carolina is the center of your financial, social, and family life.
  • When you are away, South Carolina is the place to which you intend to return.

And you aren't a resident if:

 

  • Your permanent home is located outside of South Carolina all year.
  • None of the requirements listed above are true.

If you are a resident based on the criteria above, you should file your South Carolina tax return. 

 

If you are a nonresident, you have to file if you received South Carolina income from wages, rental property, businesses, or other investments in South Carolina.

New Member
Apr 11, 2024 10:01:09 AM

  • Your intention is to maintain South Carolina as your permanent home.
  • South Carolina is the center of your financial, social, and family life.
  • When you are away, South Carolina is the place to which you intend to return.

    These arbitrary requirements always confuse the **bleep** out of me.

    My intention is to maintain a storage area for my few boxes of junk at my brothers home, and keep a mailing address so that a new ATM card can be sent out every so often, so i can have access to money living abroad.  Does that really constitute a "permanent home"?
    Who knows.

    SC is the address my bank has on file, is that a center of finance? cant tell...
    I have 0 friend or any social ties in SC as i only lived there a year+ before, is that the center of my social life? I wouldn't think so.
    I have a brother I speak to every few months and a sister i haven't spoken to in 20 years, is that the center of my family life? I would the hell not.

    And as im away I think about returning to SC long enough to collect my things and either find a new home and/or family of my own, anywhere that takes me...
    Is an intent to return?  ship my boxes to the border and ill never return as far as i care....

    Wouldn't it make a lot more sense to have non subjective requirements such as, your physical presence in the state, you own property or other registered entities, etc....

Employee Tax Expert
Apr 11, 2024 7:34:55 PM

Since you first stated in your initial question that you do intend to return to South Carolina, you are still considered a resident of South Carolina.  As a resident of South Carolina, you would be required to file a resident return if you were required to file a federal return.  Please see this link for additional information in regards to filing requirements for South Carolina residents.  

 

South Carolina does not have a minimum number of days that you have to be in the state to be considered a resident.  This link outlines more details of what the guidelines are to determine a taxpayer's domicile within South Carolina.

 

You can also mail in your South Carolina return if you do not want to pay the electronic filing fees.  Please see this link for more details on how to print and mail your tax return in.