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Hi, In 2019 I legally lived in Colorado. While I was in the process of moving to Hawaii from Colorado, Covid delayed this. I did fly over to Hawaii over the summer and started a business that actually was done in Colorado, yet I used my temporary Hawaii address for 1099 purposes. Wasn't thinking about the remi9fications until after the fact. Because I received a 1099 with a Hawaii address and because my business was act6ually done on a remote basis targeting Colorado prospects, am I required to file both CO and HI?
I have other questions but am considering having you9 all help me with completing my taxes. Is this posible and if so how much?
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am I required to file both CO and HI?
Bottom line is, YES. But if you do things right, you won't be double-taxed. So if you were not a resident of HI in 2019 yet registered a business in HI that tax year and the business produced income, you'll be filing a non-resident HI state tax return for 2019. The trick, is to file you resident state return last.That way, the program can take into account your tax liability to the non-resident state and apply any reciprocal tax agreement that may exist between HI and CO. That is, assuming any tax agreement between those two states does in fact, exist. I'm sure one does. I'm just not taking the time to look it up.
So its perfectly possible that your state tax liability between the two states may not be dollar for dollar. Just be aware of that.
Also, make absolutely certain you follow up with HI state laws for whatever type of business you have, be it single member LLC, Multi-member LLC, S-Corp, C-Corp, Partnership or something else. Penalties in HI are somewhat high if you don't follow the rules, and "I didn't know" won't fly as an acceptable excuse either.
Also, depending on when you established your residence in HI and when you de-established your residence in CO, you may or may not be considered a resident of the state *FOR TAX PURPOSES*. So check up HI state laws for residency requirements. It's most likely that you may be filing a part year resident tax return for both states for your first year when you actually make the physical permanent move. Do be cautious on this. For example, residency requirements for college are not the same as the requirements for tax purposes.
See https://files.hawaii.gov/tax/legal/tir/1990_09/tir97-1.pdf for some guidance on HI residency requirements.
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