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Tax home Utah or Nevada?

I live in Utah, but I work in Nevada. I am in NV Monday through Friday. I leave Monday morning and don't come back until Friday evening. Can I claim NV as my tax home even though my residence is in UT?

I found this on the IRS website: "Generally, your tax home is your regular place of business or post of duty, regardless of where you maintain your family home. It includes the entire city or general area in which your business or work is located."

I take that to mean yes I can claim NV as my tax home and get out of paying UT income tax, but I have also read about a 183 day rule so I'm not so certain if it is as simple as the quote above makes it seem.

Any help or clarification on this would be very much appreciated. Thanks.
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3 Replies
PatriciaV
Employee Tax Expert

Tax home Utah or Nevada?

Yes, the basic rule is that your state of residency is the place you intend to be your permanent home. You’re not living in the state for a temporary purpose. It’s the place you return to after a vacation, business assignment, or away at school.

You can only have one permanent home. States often refer to this as your domicile.
Some states have a “days test” and if you spend more than a certain number of days (often 183 days) of the taxable year in their state, they consider you a resident for that year.

According to the State of Utah:

A nonresident is a person who is not domiciled in Utah or does not maintain a place of abode in Utah and does not spend more than 183 days during the taxable year in Utah. See Residency and Domicile (Utah tax link) for information.

In determining how many days a person spends in Utah, a day when the person spends more time in Utah than in another state counts as one day.

You would need to document (and calculate) the number of days when you spent more time in Utah than you spent in another state. If that total is more than 183 days, you may qualify as a Utah resident. Changing your legal residence (drivers license, car registration, etc.) would be further proof of where you believe you reside.

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Rkkaa5
New Member

Tax home Utah or Nevada?

I live in Nevada and drive to Utah and back, each day, four days a week. 

 

Do I need to file a Utah State Income Tax?

Tax home Utah or Nevada?

yes since your actual work takes place in Utah. that makes it Utah source income. residency is irrelevant in your situation

 

 

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