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Do I need to fill out a California non resident form if I am a W2 employee working remotely in another country full time (American cititzenship)?

Would this be considered making money in another state?
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4 Replies
pk
Level 15
Level 15

Do I need to fill out a California non resident form if I am a W2 employee working remotely in another country full time (American cititzenship)?

@crystalemspaeth 

(a) unless you have "significant" connection to CA , and generally have been away from the state for more than six months, you are a non-resident.  If you have no income from CA, then why are you filing CA return?

(b) Do you have home, family etc. in CA ?

(c) generally,  your earned income while working abroad ( and  foreign tax-home ) is foreign source income.  This should be eligible for FTC or FEIE ( Foreign Earned Income Exclusion).  You are still liable for  SECA  ( FICA & Medicare at 15.3%). 

Please tell more about the situation including  which country, your employer ( local / subsidiary of US entity / US govt.  etc. ),  for how long, when did you leave US etc. etc. 

Do I need to fill out a California non resident form if I am a W2 employee working remotely in another country full time (American cititzenship)?

I have never lived in California. I do not have a home nor family in CA.  I live in Belize and I work remotely for a company that is located in California as a W2 worker. I also work remotely as a contractor for a company located in Florida. Last year I filed state taxes for both CA and FL but now realized that I was wrong for doing so/

 

Vanessa A
Expert Alumni

Do I need to fill out a California non resident form if I am a W2 employee working remotely in another country full time (American cititzenship)?

No.  Since you do not live in CA or FL and you are working remotely from Belize, as an American Citizen, you would not be considered making money in another state.  FL does not have a state income tax.  CA does not tax remote workers who are not physically present in the state.  If you would visit CA and work for a day or two or more, then you would need to pay taxes on the income earned in CA while physically present.  Otherwise, you would not need to file a CA return. 

Are you sure you filed for FL?  They do not have a state income tax.

 

For CA, if you had the same situation last year and were not physically present in the state of CA, you can file and amended return to claim a refund of any taxes you may have paid.  

How do I amend my state tax return?

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pk
Level 15
Level 15

Do I need to fill out a California non resident form if I am a W2 employee working remotely in another country full time (American cititzenship)?

@crystalemspaeth , agreeing with my colleague @Vanessa A  for  her generally very complete response to your situation, I just wanted to :

(a) you said in your post that you are "W-2 worker" for an entity in CA --- that is surprising because generally  your income is sourced where actual work is performed.  Or are you saying that this entity is withholding CA and federal taxes from your remuneration ?   That would be an error.   US entities can have "foreign" employees if they establish a "foreign Branch Office" in your country and then employ you under local laws.

(b) Note that a US person ( citizen/GreenCard ) can take advantage of  Foreign earned Income Exclusion or Foreign Tax Credit to ameliorate  double taxation burden.

(c) Which state do you have connection to ?  Where do you vote ?

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