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WWCOJD - tax question
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2010-02-08 11:51 AM

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Master
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Finally north of the Mason-Dixon Line
Subject: WWCOJD - tax question

Family completed a move this summer but I'm having trouble deciding when to say we became residents of PA.  He is the only one with income that affects our taxes.

Hubby started new job in PA on May 6.  Normally i would say this is the day he became a PA resident BUT he was also communitng back to TX every other weekend to complete his MBA at which he received In-State tuiton.  We also owned out home in TX until the end of June...

So, do we claim PA residence as of May 6 when he started new job or June 29th when we sold our house and we all left TX or July 16th when he graduated from his MBA program thus no longer paying In-State tuiton? 

 



Edited by houston-tri-mama 2010-02-08 11:51 AM


2010-02-08 11:56 AM
in reply to: #2661405

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Champion
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Subject: RE: WWCOJD - tax question
Interestingly, I made a similar move (Austin to York, PA) back in '99.  Mine was much easier since I didn't have any commute time.  I simply used my start date at this employer since that is what coincides with the date and address on the W2.

2010-02-08 11:57 AM
in reply to: #2661405

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Master
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Midcoast Maine
Subject: RE: WWCOJD - tax question
From a tax perspective - he began paying taxes (from his paycheck) in May in PA. IRS doesn't really care about his travel, or when the house sold.
2010-02-08 12:08 PM
in reply to: #2661405

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Master
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Tyler, TX
Subject: RE: WWCOJD - tax question

Maybe you can convice the IRS that your residency started the day you changed your BT name to PA-trimama. 

Brian

2010-02-08 12:09 PM
in reply to: #2661405

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Champion
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Philly 'burbs
Subject: RE: WWCOJD - tax question
houston-tri-mama - 2010-02-08 12:51 PM

Family completed a move this summer but I'm having trouble deciding when to say we became residents of PA.  He is the only one with income that affects our taxes.

Hubby started new job in PA on May 6.  Normally i would say this is the day he became a PA resident BUT he was also communitng back to TX every other weekend to complete his MBA at which he received In-State tuiton.  We also owned out home in TX until the end of June...

So, do we claim PA residence as of May 6 when he started new job or June 29th when we sold our house and we all left TX or July 16th when he graduated from his MBA program thus no longer paying In-State tuiton? 

 



In state tuition in Texas? So you need to be a state resident for that, right? Seems pretty clear to me.
2010-02-08 12:52 PM
in reply to: #2661405

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Veteran
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Chicago, IL
Subject: RE: WWCOJD - tax question

TX- 0.0% Income tax rate
PA- 3.something% tax rate

I think you become a resident of Pennsylvania whenever they catch you years from now.

*******This is not real investment/tax advice. Meant for humor only. Don't sue me, or my employer**********



2010-02-08 12:55 PM
in reply to: #2661426

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Pro
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Subject: RE: WWCOJD - tax question
itsallrelative_Maine - 2010-02-08 11:57 AM

From a tax perspective - he began paying taxes (from his paycheck) in May in PA. IRS doesn't really care about his travel, or when the house sold.


I would have to agree.....

plus you don't want any IRS audit problems....I heard they just bought enough guns to take down a small army


2010-02-08 1:03 PM
in reply to: #2661586

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Veteran
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Subject: RE: WWCOJD - tax question
bradleyd3 - 2010-02-08 12:55 PM
itsallrelative_Maine - 2010-02-08 11:57 AM From a tax perspective - he began paying taxes (from his paycheck) in May in PA. IRS doesn't really care about his travel, or when the house sold.
I would have to agree..... plus you don't want any IRS audit problems....I heard they just bought enough guns to take down a small army


*Putting on my real advice hat* Remember, though, the IRS doesn't care what state you live in. It would be the local tax authorities.

Typical things to consider are (pretty much in order of must to should):
-voter registration
-Changing car license plates
-Moving FULL household to new place.
-Registering Children in school
-Changing bank accounts
2010-02-08 1:04 PM
in reply to: #2661580

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Subject: RE: WWCOJD - tax question
randomguymike - 2010-02-08 1:52 PM

TX- 0.0% Income tax rate
PA- 3.something% tax rate

I think you become a resident of Pennsylvania whenever they catch you years from now.

*******This is not real investment/tax advice. Meant for humor only. Don't sue me, or my employer**********



You paid your tuition properly, as at the time you were billed you were a resident.  I don't think they will bother looking into your residency once you've graduated.  They have collected what they were owed, looking further into the matter wouldn't make sense.  With that logic they should check everyone out that graduated to make sure they didn't move...not really worth their time. 

For your taxes, you will likely be advised by a tax professional that your "home" was in PA since that was the place you "intended to return to" (meaning if you left on vacation in the fall, you would return to PA not TX), and it was for longer than 6 months of the year. 

On a side note, PA has a 12% death tax regardless if you owe federal estate tax.  It also doesn't matter if it was in an IRA and had a beneficiary designation (as long as you could withdraw without penalty).  I'm not sure how spouses or dependents are treated with this rule, but I was neither and received something to which the state gets to have a part of even though they originally taxed this amount as income tax before.  Sorry for the side note, it just bothers me obviously.
2010-02-08 2:28 PM
in reply to: #2661405

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Veteran
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Bellingham, WA
Subject: RE: WWCOJD - tax question
I am not a tax advisor, but I'll share my recent experience with moving to a new state.  I moved in November of 2008 to WA but didn't sell my house in IL until February 2009.  I was advised to claim residency in WA starting in November 2008 because that was when the company paid me for my move.  So, if your husband was paid by a company to move, then I would think that you should claim PA residency starting May 6.
2010-02-08 2:31 PM
in reply to: #2661880

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Master
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Subject: RE: WWCOJD - tax question

FeS - 2010-02-08 2:28 PM I am not a tax advisor, but I'll share my recent experience with moving to a new state.  I moved in November of 2008 to WA but didn't sell my house in IL until February 2009.  I was advised to claim residency in WA starting in November 2008 because that was when the company paid me for my move.  So, if your husband was paid by a company to move, then I would think that you should claim PA residency starting May 6.

Ok, I see that logic - but using that would have us claim residency in June 29 as that is when the company paid to have our house packed and moved. 

Always better to be audit free so I'll go with May 5 date....



2010-02-08 2:39 PM
in reply to: #2661405

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Champion
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Subject: RE: WWCOJD - tax question
It appears to be the safe bet with the May date and besides, it shouldn't make that much difference in terms of taxes. 
2010-02-08 2:47 PM
in reply to: #2661405

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Champion
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Subject: RE: WWCOJD - tax question

When did you establish your permanent residence (Moved into a house or apartment) in PA?  Not when you signed papers for a lease/purchase, not when you moved out of Texas, not when he first started working in PA.  That's the easiest date to defend as legitimate and may be before or after you moved out of Texas.  (So if he moved into your new home June 5th, that'd be the date even if you and the kids weren't there.  Him living temporarily in a hotel or apartment wouldn't normally be your date of residence even if he's working there.

There can be income tax implications as well as in-state tuition for you and/or the kids depending on the date.  I know in Indiana, we were not considered "residents" (from an in-state tuition perspective) until we'd been in the state permanently for a year but we owed taxes as a resident from the first day. 

2010-02-08 3:26 PM
in reply to: #2661930

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Master
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Subject: RE: WWCOJD - tax question

McFuzz - 2010-02-08 2:47 PM

When did you establish your permanent residence (Moved into a house or apartment) in PA?  Not when you signed papers for a lease/purchase, not when you moved out of Texas, not when he first started working in PA.  That's the easiest date to defend as legitimate and may be before or after you moved out of Texas.  (So if he moved into your new home June 5th, that'd be the date even if you and the kids weren't there.  Him living temporarily in a hotel or apartment wouldn't normally be your date of residence even if he's working there.

McFuzz that even confuses things more.  he lived in a motorhome from May 5 until Spet. 3 - just a camp ground fee.  I + kids lived in TX house until closing on June 29th and then lived with my parents until we closed on house Sept. 4 - rent free. 

We considered ourselves permenant when we closed on new house.  That's what we used for changing drivers ID.  Actually, under PA law tat was the earliest could could get a drivers ID because we had bills in hand to prove we lived here - which is what state law required - we coudn't do it with our camp ground fee nor parents attesting to our living with them.  PA wants BILLS in hand to prove our residency.   

Ummmm... maybe that's it.  we couldn't get PA drivers ID until we had house in our name with bills to go with it. (light bulb flashing moment



Edited by houston-tri-mama 2010-02-08 3:34 PM
2010-02-08 4:35 PM
in reply to: #2662013

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Subject: RE: WWCOJD - tax question

First thought - do taxes explain "resident" in one of the instructional booklets?  I would look for that, and failing that i would call a tax help line in your state.  My instinct is the date you moved.

People live in one state, and work in another, all the time.  Especially in areas like the East where the states are so small.  It must have something to do with your residence.  If someone lived in New Jersey, but commutes to work in Philly every day, they still are residents of NJ.  Your husband's work starting date is meaningless in that regard.

However, he will certainly have to file taxes in the new state from that time period on.

 

2010-02-08 5:15 PM
in reply to: #2661405

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Elite
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Subject: RE: WWCOJD - tax question

http://www.taxloopholes.com/connect/blog/diane-kennedy/2009/07/live-one-state-amp-work-anothe

I say as soon as he started his job - PA.  It is not about residency but about tax base.

We had to file and pay some CA taxes, because D worked there (living in hotels) for a few months.

A homeless person who works still has a tax base wherever the employment is, if not a home.



Edited by bootygirl 2010-02-08 5:17 PM


2010-02-08 5:39 PM
in reply to: #2662013

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Subject: RE: WWCOJD - tax question

houston-tri-mama - 2010-02-08 3:26 PM

McFuzz - 2010-02-08 2:47 PM

When did you establish your permanent residence (Moved into a house or apartment) in PA?  Not when you signed papers for a lease/purchase, not when you moved out of Texas, not when he first started working in PA.  That's the easiest date to defend as legitimate and may be before or after you moved out of Texas.  (So if he moved into your new home June 5th, that'd be the date even if you and the kids weren't there.  Him living temporarily in a hotel or apartment wouldn't normally be your date of residence even if he's working there.

McFuzz that even confuses things more.  he lived in a motorhome from May 5 until Spet. 3 - just a camp ground fee.  I + kids lived in TX house until closing on June 29th and then lived with my parents until we closed on house Sept. 4 - rent free. 

We considered ourselves permenant when we closed on new house.  That's what we used for changing drivers ID.  Actually, under PA law tat was the earliest could could get a drivers ID because we had bills in hand to prove we lived here - which is what state law required - we coudn't do it with our camp ground fee nor parents attesting to our living with them.  PA wants BILLS in hand to prove our residency.   

Ummmm... maybe that's it.  we couldn't get PA drivers ID until we had house in our name with bills to go with it. (light bulb flashing moment

Probably...now good luck trying to collect a refund of income taxes paid between May 5 and Sept. 3 because Texas doesn't have income tax and Pennsylvania does. 

Adjacent states often have reciprocity agreements for someone living in one and working in another, but Texas and Pennsylvania are too far apart to expect that.  Bootygirl has a point that even a "homeless" person can be subject to income taxes, but the key difference there is that you had another residence for some of the overlapping time.  You can legitimately argue that PA didn't consider you a resident during that time since you were unable to obtain a valid PA driver's license without a permanent PA address. 

2010-02-08 5:47 PM
in reply to: #2661405

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Elite
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Subject: RE: WWCOJD - tax question

from that link:

"This past week I got a question at the First Class Lounge Forum from a lady who lived in FL and worked as an Independent Contractor part time for a CA business and full-time for a business in FL.

She was surprised to get a notice from CA claiming she owed taxes.

I gave her the simple “it depends” answer and then got to work finding out what it really depends on these days.

If you work as an employee (not an independent contractor), the answer, sadly, is pretty simple. If she was a W-2 employee, she would owe the CA taxes. FL doesn’t have a state income tax, so she isn’t stuck like some state residents who end up paying both the tax to the state they live in and the state they work in."

2010-02-08 6:21 PM
in reply to: #2661405

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Subject: RE: WWCOJD - tax question
Reread the question.  May 6 is probably that date your became a resident.  I don't think the fact your husband paid instate tuition at Texas matters all that much.  He would almost certainly be domiciled in PA rather than Texas.

Edited by Johners 2010-02-08 6:26 PM
2010-02-08 10:17 PM
in reply to: #2661405

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Pro
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Subject: RE: WWCOJD - tax question
Why does date of residency matter?  Is this for the imputed-sales-tax thing in Texas?  Because if it's that, I'd prorate from when your family moved.  You as a family were paying Texas sales taxes on most of your purchases up until that date.

I can't think of another reason why state of residence would matter.  State income tax (and CITY wage tax, if he were working in Phila!) is simply based on the location of the job, as bootygirl has said.
2010-02-09 7:27 AM
in reply to: #2661405

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Subject: RE: WWCOJD - tax question
Two things here, a CPA is good for these types of questions. The other thing is if you have non-earned income (Int, Div, other passive income, etc.) PA should only be entitled to tax that for the period in which you were/are a resident. If the PADOT doesn't consider you a resident until September I would think the taxing authority should be the same. As for your husband's wages, those were all earned in PA and you owe the PA taxes on those regardless of where you were considered a resident. If you work or were earning income in TX, why should PA get a piece of that, they would if you claim your residency as of May 5th. They should really only be getting 4/12ths of your unearned income, not 7/12ths.

I haven't done tax work for over 8 years so I'm not quite up to date, but like I said right in the beginning a tax professional would be a good resource here.


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