Is NH Interest & Dividends tax applicable to an expat

[MattKhat72]

Hello,

I'm doing my stepson's tax return and have a question on the NH I&D taxes. He has been living in Cambodia for the past 9 years. He moved there when he graduated college. He has never owned property in the US, however, he does now own a condo in Cambodia. On his tax returns we have been using our NH address as his address so that any correspondence from the IRS will come to us and not go to Cambodia. He has never lived in NH while he was living in the US and as far as we know he does not intend to return to the US. He's happily married to lovely Cambodian woman and they have a great life there.

This year was the first year that his interest and dividends exceeded the NH $2,400 threshold so it looks like he owes tax on the excess amount. But, my question is is he really a NH resident who has to pay tax on this? Our house is definitely not his residence now and it never has been. He has no driver's license in NH, he's not registered to vote here, etc. NH is not his place of residency. I'm just not clear on whether or not he's considered a resident simply because he has any IRS mail sent here.

Any advice is appreciated.

Thanks - Matt

[AmyC]

No, he is not a NH resident. If NH asks, you can explain that his mail comes to your house. I imagine he put c/o in front of your address so it is obvious you are the receiving address instead of his address. 

[MattKhat72]

Thank you Amy - I didn't think he was based on what I read in the NH instructions but I just wanted to be sure.

Thanks again!