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How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

I am an established primary resident in one state, but the nature of my work takes me to another frequently. Because of this I would like to rent an apartment to reduce the expense of hoteling while in the second state. Effectively I would be living in two different states as my needs require, similar to a 'snowbird' who moves to warmer climates in the winter. My company would leave my established residency in the primary state.

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5 Replies
Anonymous
Not applicable

How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

Your question is unanswerable without more information.

different states have different rules to determine who is doing business in that state for filing requirement purposes. Also different rules for who is a full-year resident,or part-year resident or even non-resident. 


Are you an employee of the company and get a W-2.  In that case your company may be required to file a tax return in the "rental state" (the company would probably be required to registering with the state) and certain states may require it to withhold state taxes and you to also file a tax return.  - MAYBE, MAYBE NOT as I stated different states have different rules. 

On the other hand if you are self-employed, residency is not necessary determined by the fact you own a home in a state and rent in another.  


I suggest you repost your question with the following additional information:

name the states and indicate the one you own a home in

how many days do you expect to work in the state in which you rent and how many days do you expect to work in the state you have a home.   

the form of the business you work for,  - yourself - no llc, single member llc, a corporation you get a W-2, a partnership - you get a W-2 or are you a partner. 

How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

Where is your driver's license? Car registration?: Voter registration?

How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

All are registered in the Primary state, along with banking, mortgage, primary mailing, etc.
Va Native
New Member

How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

I have the same dilemma and need assistance, please. My single member LLC is registered in Virginia but I am doing consulting work in California. I am registered as a foreign agent to do business in California. Hotels are super expensive and I have been going this route for the past year. I fly to Virginia frequently to conduct business(property rentals and to visit family) and then back to California. I would to find an apartment to rent to minimize my expenses. Would this be possible? I need to know the best route to take.
TomD8
Level 15

How do I handle taxes if I intend to live part of the year in two different states (e.g. Owning a home in a primary state, and renting an apartment in a secondary state)?

 The issue is whether CA will tax you as a resident or as a non-resident.  If CA taxes you as a resident, ALL your income is taxable by CA.    If CA taxes you as a non-resident, only your CA-source income is taxable by CA.  Income you earn from work actually (physically) performed in CA is CA-source income.  Since the issue is residency, you need to familiarize yourself with CA's rules for determining your residency status.   These are detailed in this publication (the publication is dated 2017 but the rules haven't changed): https://www.ftb.ca.gov/forms/2017/17_1031.pdf

 

Since your domicile (your main, permanent home) is apparently in VA, ALL your income is taxable by VA, regardless of where you earn it.  But you'll be able to take a credit on your home state VA return for taxes paid to CA, so you won't be double taxed.

 

Note that it is possible to be both a domiciliary resident of one state and a statutory resident of another.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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