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noboat
Apr 11, 2008, 05:48 AM
hi, i'm a resident of texas, a non income tax state. in 2007 i sold some property in alabama & they claim i owe them taxes on the gains. i'm employed by a firm in ky, an income tax state, but being a tx resident my wages are not taxed by ky. as a non-resident of al can they legally assess my gains? thanks, noboat
ebaines
Apr 11, 2008, 06:41 AM
Since the property is in AL, they can tax you for gains because the gains are from an AL source. See the instructions for schedule D of their Form 40NR (for non-residents):
http://www.revenue.alabama.gov/incometax/2007_forms/07f40nrbk.pdf

The gain or profit from any sale, exchange, or
other disposition by a nonresident of real or tangible
property located in Alabama is taxable even though
it is not connected with a business carried on in this
State.