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State Tax filling - Resident in one state, but live and work in another

Hi Everyone - I live and work in TN ( 5 days a week), and spent 2 days in NC with my spouse, a state where we renting an apartment and have as a home state on our licenses. My questions is do I have to file state taxes in NC despite that I live there less than 130 days a year? 

We don't own any real estate in the state, and my spouse work in NC and pay state tax

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3 Replies

State Tax filling - Resident in one state, but live and work in another

Yes ... your resident state taxes all your income from all sources and give you a credit for any taxes the other state charges you.
TomD8
Level 15

State Tax filling - Resident in one state, but live and work in another

The issue is which state is your state of domicile.  Your domicile is your main, permanent home, whether owned or rented.  If your main home is in NC, and you are in TN only on a temporary or transient basis for work purposes, then NC is your state of domicile and all your earnings are taxable by NC.

 

TN does not have an income tax on earnings from work.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.
Hal_Al
Level 15

State Tax filling - Resident in one state, but live and work in another

As the other answers imply, "domicile" can be complicated. In addition to "domicile", there is a concept call "tax home".

 

But, the fact that you return to NC every week end and have an NC drivers license, almost certainly, means that you are an NC resident for state tax purposes. If you want to avoid paying NC tax, you need to "establish residency" in TN (register to vote, get TN tags and DL)

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