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State Tax and Federal employees working abroad

Greetings,

 

I'm about to take an assignment in Germany. I've been renting in Hawaii for about 2 years, and I need to tell my employer about my State Tax status.

 

I own no property in Hawaii, and because I've moved around with the DoD, don't really have a place that I call 'home' that I will return to when my assignment to Germany is back.

 

Can anyone tell me what the rules are, as I don't want to end up with unpaid state taxes if and when I return to the US.

 

Thank you.

 

Kind regards,

 

Andrew

 

 

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State Tax and Federal employees working abroad

"I hear it is not supposed to be allowed " - it is allowed , but it is non-trivial. Please read this page about this change (it's for military but most of it would apply to you as well) - Home of Record or State of Legal Residence Change 

 

While you remain out of the country, you don't have your domicile in any state (if you reset your domicile to Germany or whatever new country you move to).

 

Only when you move back to the States will you (likely) have a domicile here in a state...so try to get an assignment to AlaskaFloridaNevadaSouth DakotaTexasWashington, and Wyoming (no income tax). 

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6 Replies

State Tax and Federal employees working abroad

Simply put, "A Hawaii nonresident is an individual who is in Hawaii for a temporary or transient purpose, and whose permanent domicile is not Hawaii." (page 5 of Hawaii Nonresident and Part-Year Resident Income Tax Instructions - https://files.hawaii.gov/tax/forms/2019/n15ins.pdf).

 

Since I assume that you will work part of the year in Hawaii, you will be filing a part-year return IF you change your domicile when you leave for Germany.

 

 

So what is your domicile (for Hawaii purposes)?

"Domicile is the place of the individual's true, fixed, permanent home and principal establishment, and to which place the individual has the intention of returning whenever the individual is absent." (https://files.hawaii.gov/tax/legal/tir/1990_09/tir97-1.pdf)

 

"An individual's domicile may change where there is a concurrence of: (1) an abandonment of the old domicile with a specific intent to abandon the old domicile, (2) an intent to acquire a specific new domicile, and (3) an actual physical presence in the new domicile." (https://files.hawaii.gov/tax/legal/tir/1990_09/tir97-1.pdf)

 

That is, once you have established Hawaii as your domicile, Hawaii will remain your domicile until you take positive steps to establish a new domicile.

 

What might that mean?

"A change of domicile will depend upon the acts and declarations of the individual concerned in order to ascertain whether or not the individual possessed the required intention which the law says the individual must have to effect
a change of domicile. The status of an individual as a resident or nonresident is determined by all the factual circumstances. No single factor, such as an individual’s oral declarations of intention or the marriage of a resident and a nonresident, is controlling. Some of the relevant factors include the length of time spent in Hawaii; leasing, buying, negotiating for or building a home; ownership of a motor vehicle; place of issuance of license to drive a motor vehicle; place where the motor vehicle is registered; place of marriage; where the residence of one spouse is in issue, the place of residence of the other spouse; residence of the family of the individual; place of schools attended by the individual’s children; the presence of bank accounts; club memberships; place of voting; place of business interests, profession, or employment; contributions to local charities; declarations regarding residence made to public authorities, friends, relatives or employers, or in documents such as deeds, leases, mortgages, contracts, and insurance policies; proposed place of burial or acquisition of burial place for the individual or members of the individual’s family; and the place to probate a will." (https://files.hawaii.gov/tax/legal/tir/1990_09/tir97-1.pdf)

 

So, in summary, you will need to take steps to establish a new domicile in Germany, such as owning or renting a place to live, buying or leasing a German auto, getting a German drivers license, and perhaps most importantly, getting a German residence visa showing that you have the right to live there.

 

If you do this, you will no longer be considered a resident of Hawaii.

 

As I noted before, you will likely be considered a part-year resident of Hawaii: "Part-Year Resident
A part-year resident is an individual who was a Hawaii resident for part of the year, and who was a nonresident during the other part of the year. This includes those who moved to Hawaii during the year and those who moved
away from Hawaii during the year.
A part-year resident must file an Individual Income Tax Return—Nonresident and Part-Year Resident (Form N-15), if required to do so. A part-year resident will be taxed on all income from all sources during the period of residency, and on income from Hawaii sources only during the period of

nonresidency." (page 5 of Hawaii Nonresident and Part-Year Resident Income Tax Instructions - https://files.hawaii.gov/tax/forms/2019/n15ins.pdf)

 

So if I understand your situation correctly, you can tell your employer (or whomever) that you will no longer be a Hawaii resident for tax purposes...and save this answer in your tax files in case Hawaii ever asks you about it.

State Tax and Federal employees working abroad

I really appreciate the detailed response. You went above and beyond! I have a much better understanding of the semantics now thanks to the links you provided!

 

I will have to complete an N-15 for the coming tax year (FY20), but after that I will be firmly domiciled in Germany, and it's unlikely that I will be returning to Hawaii, as the Federal Government sends me where I'm needed.

 

Thank you and stay healthy and safe! 5/5 Star.

 

Kind regards,

 

A.

 

State Tax and Federal employees working abroad

Happy to do it, Andrew.

 

My wife was an Air Force brat, whose father was a JAG officer stationed at various SAC bases both overseas and stateside. So she knew a number of kids whose parents were DoD employees.

 

Keep up the good work!

 

State Tax and Federal employees working abroad

Indeed!

 

One of the challenges of being a DoD civilian is moving around.

 

I was asked out of the blue would I like to put down TX for state tax, as they are one of the few states that don't have it.

 

I didn't actually understand what they meant, thinking that they had me confused with someone else since I was leaving HI.

 

This is what I was told by my deputy director:

 

"When we take jobs overseas, some people try to change their state to TX to avoid taxes. I hear it is not supposed to be allowed and I am not sure if the IRS or State of Hawaii will question it. I used to be a tax advisor. My question to you is, where is your home of record in the US, or do you have a home or other foot hold in another state? You technically are a resident of Hawaii because you live and work here, but your domicile is where you intend to return."

 

The crux of the biscuit is that last sentence: '...your domicile is where you intend to return'. 

 

The DoD may send me anywhere after my tour to Europe is up. It can be NH, DC, OR, or they can send me back to HI. I simply cannot know where I will end up next.

 

When I signed up to military service, I was originally a dual citizen having lived in the UK for the majority of my life. In order for the military to pay me, I needed to have a US 'home of record'. My father lives in NY, so I naturally used his address for the sake of simplicity.

 

All I want is to do the right thing because I know of one individual who was hired out of HI and went to Japan for 11 years.

 

After he came back to HI, he was told to pay about $4K in back taxes, which turned out to be a goat-rope because of paperwork and bureaucracy of course!

 

This is precisely what I want to avoid IF and WHEN it is that I come back. As mentioned. I don't know when that will be or if I will ever return to HI, but it's better to get it done right.

 

Thank you.

 

Kind regards,

 

Andrew

 

 

State Tax and Federal employees working abroad

"I hear it is not supposed to be allowed " - it is allowed , but it is non-trivial. Please read this page about this change (it's for military but most of it would apply to you as well) - Home of Record or State of Legal Residence Change 

 

While you remain out of the country, you don't have your domicile in any state (if you reset your domicile to Germany or whatever new country you move to).

 

Only when you move back to the States will you (likely) have a domicile here in a state...so try to get an assignment to AlaskaFloridaNevadaSouth DakotaTexasWashington, and Wyoming (no income tax). 

State Tax and Federal employees working abroad

Thank you again for that!

 

Truly eye-opening.

 

I always wondered why the HR department said they could not change my HOR. I thought it was due to sheer laziness or incompetence, but there's a reason for it. I wish they had explained it to me. It would have saved years of misunderstanding!

 

Otherwise I will definitely be looking for jobs in the states you mentioned. I know that TX is definitely veteran friendly. I'll cross that bridge when I get to it.

 

Otherwise it's been a real pleasure getting all this information, including the reference from the Stuttgart JAG office. I'll definitely keep that in my tax records.

 

Thank you, Sir, and stay healthy and safe!

 

Kind regards,

 

Andrew

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