I am a truckdriver and received a call from a friend I worked with at a company that was in California with offices across country, we were both based out of the California dispatch although we both live in fla, now two years after we both quit, he gets a letter from California gov't saying he owes back "state" tax since the companies "MAIN" office is in cali (although there is a fla terminal), I think this is an error, but I'm afraid I will be receiving this notice next, I don't have the money to pay some tax I don't think I deserve to pay, Can anyone let us know if this is something I need to worry about, or is this just a simple form that needs to be filled out. Thanks

Forgot to say, I was an over the road trucker for that company, I didn't live and work in the state, although I did pick freight up in that state and delivered it to other states, man I'm confused and worried now. Help.

Guess no one knows

If you were not present in CA, then you do no owe CA taxes. If you physically reported at CA office, then that is CA income.

If you are present in a state, then any income earned during this period, must be reported to the state.

If you live and work is a state but your employer is from another state, then your income is only subject to the state where you live and work. Read: Your U.S. Tax Return: Working or Living in Two or More states (http://taxipay.blogspot.com/2008/06/working-in-two-or-more-states.html)

Do not miss the date on CA letter. Send you reply.

I am very confused, as a truckdriver, many times over the years, I have picked up loads that originate in California, so technically the money "earned" originated in cali, now this was the first company I worked for that was Headquartered in cali with terminals all over but nonetheless, if I understand what you are saying, I should have had to pay tax all this time over the years, if this is truly the case, why has NONE of the companies I worked for known this law, I think something is not right here, someone is wrong, I hope I can figure out which side that is, but thanks so very much for your help, I do appreciate it.

truckerbob1963:
I did not properly understand your question, so I gave a general answer. You should discuss with your local tax professional.

Even you employer is in CA, but you worked from some other state, then it is not CA income.

Due to the nature of their work, truckers normally pay taxes ONLY to their state of residency, which means you would owe NO state income tax due to Florida not having one.

However, if you were dispatched from California, how could you live in Florida? Why were you not dispatched from Florida?

The "main office" argument is a fallacious argument, because if that held water, virtually everyone in the U.S. would be paying taxes to New York state.

It is my opinion that this is a deperate act on California's part to collect desperately-needed tax revenue, using a fallacious argument that would not hold water before a judge, in hopes that you will be cowed to pay the taxes.

If you are living retired in Florida, give the Florida tax department a call and ask (anonymously) if they will enforce a tax levy from California. If the answer is no, and you have no assets in California, you have nothing to worry about, because California would have no means to enforce any tax levy against you.

A taxpayer's "home" for purposes of section 162(a)(2) of the Code is generally considered to be located at (1) the taxpayer's regular or principal (if more than one regular) place of business, or (2) if the taxpayer has no regular or principal place of business, then at the taxpayer's regular place of abode in a real and substantial sense. If a taxpayer comes within neither category (1) nor category (2), the taxpayer is considered to be an itinerant whose "home" is wherever the taxpayer happens to work. Rev. Rul. 73-529, 1973-2 C.B. 37, and Rev. Rul. 60-189

Five Rings:

Granted! However, an answer by TruckerBob as to why he was dispatched from California when he lived in Florida would clarify his tax situation.

I have seen state tax departments try this tactic in the past, and am frankly surprised I have nit seen it more often given the current economic problems of the states, especially high-tax/free-spending states like California and New York.