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leashg8
New Member

I revel full time in rv with family for work and claim SD as domicile state where we have mail forwarding. We have been in CA for three year as that is where husband is working. Do I or ca down as 2n

We have our vehicle and rv registered in SD too. But. I have a NY license from when we lived there before starting to travel in 2015 and husband got a ca license while there. We have now moved to NV.
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TomD8
Level 15

I revel full time in rv with family for work and claim SD as domicile state where we have mail forwarding. We have been in CA for three year as that is where husband is working. Do I or ca down as 2n

You definitely have to file a California tax return.    

 

CA law states this:  You will be presumed to be a California resident for any taxable year in which you spend more than nine months in this state.  See Page 5,  https://www.ftb.ca.gov/forms/2019/2019-1031-publication.pdf

 

Therefore, if you have literally lived in CA the past 3 years as you stated, all your income for those 3 years is taxable by CA, and you would have to file in CA as a resident.  The state of your vehicle registration or drivers license doesn't matter.

 

Another thing to be aware of is that any income your husband had from working in CA would taxable by CA - regardless of his state of residence If it were the case that he was not a resident of CA, he'd have to file in CA as a non-resident, and he'd have to pay CA income tax on that income.

 

Finally, if you moved from CA to NV during 2019, you would file your 2019 CA return as a part-year resident.

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

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1 Reply
TomD8
Level 15

I revel full time in rv with family for work and claim SD as domicile state where we have mail forwarding. We have been in CA for three year as that is where husband is working. Do I or ca down as 2n

You definitely have to file a California tax return.    

 

CA law states this:  You will be presumed to be a California resident for any taxable year in which you spend more than nine months in this state.  See Page 5,  https://www.ftb.ca.gov/forms/2019/2019-1031-publication.pdf

 

Therefore, if you have literally lived in CA the past 3 years as you stated, all your income for those 3 years is taxable by CA, and you would have to file in CA as a resident.  The state of your vehicle registration or drivers license doesn't matter.

 

Another thing to be aware of is that any income your husband had from working in CA would taxable by CA - regardless of his state of residence If it were the case that he was not a resident of CA, he'd have to file in CA as a non-resident, and he'd have to pay CA income tax on that income.

 

Finally, if you moved from CA to NV during 2019, you would file your 2019 CA return as a part-year resident.

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