Do I need to file a New Jersey return if I'm an expat?

[Anonymous]

I was a resident of NJ until I moved overseas in 2012. Do I still need to file a return? I do not own property but I do vote in the state and maintain a NJ driver's license.

[ChelsiE2]

It sounds like you should.  If New Jersey was your place of Domicile, then yes you should continue to file the New Jersey return.

Domicile: the place you consider your permanent home—the place where you intend to return after a period of absence (e.g., vacation, business assignment, educational leave).  Domicile is based on many factors, including your intent, where you register to vote, maintain a driver’s license and vehicle registration, have family ties, etc.

For more information, please see: New Jersey Division of Taxation Webpage

[Anonymous]

Great thank you! So I will file since NJ is my home of record, however do I file as a resident or non resident?  I did not maintain a permanent home nor visit the state for more than 30 days during the tax year; none of my income was earned in NJ (in fact, I am exempt from paying federal taxes because of the foreign earned income exclusion).

[ChelsiE2]

@mb2427 Because you have "domicile" in NJ, you would be considered a resident.  An example of someone who needs to file a NJ nonresident return would be, a person who lives in California, has never been to New Jersey but is a partner in a Partnership that does business in NJ.

[rambo]

Only if you have home or if you are planning to return. just because you vote doesnt mean you have to file nj taxes.

https://www.fvap.gov/info/laws/voting-residency-guidelines

Voting in an election for federal offices often may not be used as the sole basis of determining residency for the purpose of imposing State and local taxes. When claiming a new legal residence or domicile, legal counsel should be consulted because there may be other factors to consider, such as tax implications.