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johnslat · Posted: Sun Sep 15, 2013 4:58 pm Post subject:

I live in New Mexico; I have maintained a residence here since 1999.
When I was overseas, from 1999 to 2003, I had to pay state income tax.

This seems pretty clear to me:

""If your current state of residence is New Mexico, Virginia, South Carolina or California, the news is not as good. The governments of these states view their taxpayers as a needed asset. They will fight to hold on to every penny of owed tax. When leaving these states, it is up to you to prove (to the satisfaction of the state), that you will not be returning. If you cannot sufficiently prove this, you will be required to file a state return alongside your federal expatriate return.
If you are planning to return to your home state at some point, you will probably not be able to prove otherwise. South Carolina and California are the most diligent when it comes to finding ties that suggest future residency. You will most likely have to file a state tax return if the state government can locate any of the following ties:"

Of course, if you experts who don't live here in NM and therefore have never had to pay state income tax while overseas know better, well, feel free to believe whatever you want.
Very Happy

Regards,
John

aummua · Joined: 02 Jun 2009 Posts: 77 Location: Arizona

http://1040abroad.net63.net/docs/statedocs/NM%20residency.pdf

Sirens of Cyprus · Joined: 21 Mar 2007 Posts: 255

Man, John is going to be pissed if he finds out he paid New Mexico taxes on foreign earned income all those years and he didn't have to. And I bet it's too late to ask for a refund.

johnslat · Posted: Sun Sep 15, 2013 8:45 pm Post subject:

Dear Sirens of Cyprus and aummua,

You guys DID read that thing, right? I mentioned that I had a house in New Mexico, from 1999 to 2003, when I was overseas. A house is a domicile"

"Resident
For purposes of the Income Tax Act,
you are a New Mexico resident if
your domicile was in New Mexico for
the entire year, or if you were physically
present in this state for a total of
185 days or more during the tax year,
regardless of your domicile."

"Domicile
Your domicile is the place you intend
as your permanent home. It is the
state where your permanent home
is located and where you intend to
return whenever you are away (as on
vacation, business assignment, educational
leave or military assignment).
You can have only one domicile.
Your New Mexico domicile is not
changed until you can show that you
have abandoned it and established
a new domicile outside the state of
New Mexico.
A change of domicile must be clear
and convincing. Easily controlled factors
are NOT the primary factors to
consider in deciding where you are
domiciled. If you move to a new location
but intend to stay there only for a
limited amount of time (no matter how
long), your domicile does not change.
If your domicile is New Mexico and
you go to a foreign country for a business
or work assignment, or for study,
research or any other purpose, your
domicile does not change unless you
show that you definitely do not intend
to return to New Mexico."

But hey, what do I know? Very Happy

I'm sure you guys, who have never lived here and have never had to deal with the state regarding taxes are so much more knowledgeable than I.

Regards,
John

spiral78 · Joined: 05 Apr 2004 Posts: 11534 Location: On a Short Leash

Ah, just to muddy the waters. Because I can.
My last state of resident (in 1998) was Virginia.
I can still vote as a Virginian - but in national elections only. Not in state. Because I have NOT maintained an address there. Nor have I maintained an address in any other US state. So, no state requires me to file or pay.

aummua · Joined: 02 Jun 2009 Posts: 77 Location: Arizona

Sirens of Cyprus · Joined: 21 Mar 2007 Posts: 255

So he would have had to pay state and fed taxes on the income he got from renting his house, if he did that, but he still could have got the foreign earned income exclusion, for both fed and state taxes, right?

johnslat · Posted: Sun Sep 15, 2013 10:42 pm Post subject:

Dear aummua and Sirens of Cyprus,

One more time:

"Actually, this is the first time you've mentioned you had a house..."

Actually, it's not.

Sept. 15th 2013 11:58 pm

"I live in New Mexico; I have maintained a residence here since 1999. When I was overseas, from 1999 to 2003, I had to pay state income tax.

This seems pretty clear to me:"

"So he would have had to pay state and fed taxes on the income he got from renting his house, if he did that, but he still could have got the foreign earned income exclusion, for both fed and state taxes, right?"

Little assumption there, Sirens - I didn't rent the house. I let a friend who was attending UNM to get her Masters degree in archeology stay there rent-free.

Next objection, please Very Happy

Regards,
John

aummua · Joined: 02 Jun 2009 Posts: 77 Location: Arizona

johnslat · Posted: Mon Sep 16, 2013 12:13 am Post subject:

Dear aummua,

Oh, I see - I guess you must have thought that "maintaining a residence" meant, say, renting an apartment/house in New Mexico while I was overseas - though that would seem a bit odd, wouldn't it?

Or perhaps you thought I had a pup tent pitched in a vacant lot? Very Happy

Just what else could "maintaining a residence" while overseas mean? Maybe I'm just not exercising my mental facilities (well, those few that are left a geezer such as I am), but I can't think of any other meaning.

Regards,
John