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cbibill
New Member

I own a house in Alabama but rent and work in Georgia. I have no income in Alabama therefore no W2s do I have to complete an Alabama state tax return?

If yes what address should I add to my returns?
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Accepted Solutions
view2
New Member

I own a house in Alabama but rent and work in Georgia. I have no income in Alabama therefore no W2s do I have to complete an Alabama state tax return?

"In order to change domiciles from Alabama, a taxpayer must abandon Alabama, and also establish a new domicile elsewhere with the intent to remain permanently, or at least indefinitely.  The burden is on a taxpayer asserting a change of domicile to prove that a change of domicile has occurred.  The presumption is in favor of the original or former domicile, as against a newly acquired one."  Duncan v. Alabama Department of Revenue, Admin. L. Div., Docket No. INC. 09-300 (November 16, 2009).

The domiciled law of Alabama are worth reviewing.

2)Individuals not domiciled within Alabama who maintain a permanent place of abode within Alabama, or who spend more than a total of seven months (whether or not consecutive) of the taxable year within Alabama shall be presumed to be residents, and taxable on their net income from within and without Alabama during the taxable year.They should file Resident Individual Income Tax Return, Form 40 or Form 40A each year.

(a) A permanent place of abode is interpreted to mean a dwelling place  permanently maintained by the taxpayer; it is not necessary that he be the owner, or that he occupy it himself. 

 (b) The Department may require individuals claiming domicile outside the State of Alabama to furnish a statement of information with details to support their claim. 

http://www.ador.alabama.gov/incometax/1webreghold/810-03-002.pdf

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2 Replies
view2
New Member

I own a house in Alabama but rent and work in Georgia. I have no income in Alabama therefore no W2s do I have to complete an Alabama state tax return?

"In order to change domiciles from Alabama, a taxpayer must abandon Alabama, and also establish a new domicile elsewhere with the intent to remain permanently, or at least indefinitely.  The burden is on a taxpayer asserting a change of domicile to prove that a change of domicile has occurred.  The presumption is in favor of the original or former domicile, as against a newly acquired one."  Duncan v. Alabama Department of Revenue, Admin. L. Div., Docket No. INC. 09-300 (November 16, 2009).

The domiciled law of Alabama are worth reviewing.

2)Individuals not domiciled within Alabama who maintain a permanent place of abode within Alabama, or who spend more than a total of seven months (whether or not consecutive) of the taxable year within Alabama shall be presumed to be residents, and taxable on their net income from within and without Alabama during the taxable year.They should file Resident Individual Income Tax Return, Form 40 or Form 40A each year.

(a) A permanent place of abode is interpreted to mean a dwelling place  permanently maintained by the taxpayer; it is not necessary that he be the owner, or that he occupy it himself. 

 (b) The Department may require individuals claiming domicile outside the State of Alabama to furnish a statement of information with details to support their claim. 

http://www.ador.alabama.gov/incometax/1webreghold/810-03-002.pdf

amberjohn17
New Member

I own a house in Alabama but rent and work in Georgia. I have no income in Alabama therefore no W2s do I have to complete an Alabama state tax return?

509 W Marion St Apt A
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