Residency

[OUTexan]

My wife and I own a home in Texas.  She works in the DFW area  and I will retire in September. Our daughter is attending OU and we have considered buying a second home in Norman rather than paying rent for the next 3-4 years.  Since we are not generating income in OK, will we have to file a non-resident tax return for OK.  We both will spend some weekends in Norman with our daughter but will not reside permantly.  I checked the OK Tax website and there does not seems to be a clearcut answer on this.  Auy assistance is greatly appreciated. 

[NCperson]

@OUTexan your primary residence is TX and all your income is generated in TX.  

You are not generating any income in OK, so there is no filing requirement in OK.  (if you bought the property in OK and rented it out, then it would be a different story).

[OUTexan]

I also read to not homestead the OK property  since it might trigger OK revenue dept to want me to file taxes. Any truth to that?

[NCperson]

@OUTexan please provide the source of that from a reputable website.  

here is the OK state tax filing requirement from a reputable website: 

https://www.hrblock.com/tax-center/filing/states/oklahoma-state-tax/

"Non-residents are required to file a state income tax return when they receive gross income of at least $1,000 of Oklahoma source income"

[Opus 17]

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@OUTexan wrote:

I also read to not homestead the OK property  since it might trigger OK revenue dept to want me to file taxes. Any truth to that?

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Almost anything you do could with an OK address could trigger a letter of inquiry, but you can answer that with a letter of explanation of your own.  You will only have Oklahoma-sourced income if you perform the work while physically living in OK.  (That could mean, for example, that if you work from home every Friday, up to 1/5 of your income could be taxable in OK.)  You just need to document things carefully.