In 2004, I accepted a job in Florida and moved there. I had rented a house and in the first month, got a drivers license, registered to vote, registered my vehicle and transferred my insurance to Florida. I moved with the intention of being a Florida resident. My wife and 2 kids remained in a rented house in Georgia. My wife worked as a part time school teacher. We filed joint Federal Taxes, and used the Georgia address. I remained in Florida until April 2009 when my job moved me to NC. For tax year 2006, Georgia is trying to collect income taxes on my Florida income stating that I am a Georgia resident because my wife and kids did not move to Florida, I used the Georgia address on the Federal Return and I provided support for my wife and kids.
How can this be? I was a Florida resident.

For tax year 2006, Georgia is trying to collect income taxes on my Florida income stating that I am a Georgia resident because my wife and kids did not move to Florida, I used the Georgia address on the Federal Return and I provided support for my wife and kids.
How can this be? I was a Florida resident.

On line 4 of your GA return what did you indicate for residency status? And what fuiling status did you use? Since your wife is a GA resident and you are not she could have filed as Married Filing Separately (not jointly), even though your federal return may have been joint.

It's too late now, but to help avoid this type of problem you should use your FL address for all financial correspondence, especially for your federal tax filing. You don't mention what address was on your W2 form from your FL employer - I hope it was a FL address, not GA, or it's going to be a problem convincing GA that you weren't a resident.

Line 4 was Non Resident (3). Married filing jointly. The W2 did have the GA address.

Line for was (3) Non Resident. Status was Married Filing Jointly. The W2 did have the GA address.

The reason that I used the Georgia address was the mailbox was a distance from the house and mail was often pilfered. The Georgia address mail was delivered to the house.

Since you filed jointly did you include schedule 3 to separate out your non-GA income?

Yes. Schedule 3 separated the income.

In your response to the GA Department of Revenue you need to document that your principal abode was FL, and to do that you should provide a copy of your lease agreement, plus whatever else shows you lived in GA, such as copies of any FL-based bills you may still have copies of (utilities, insurance, etc), your car registration, or voter registraton card. I realize this may be difficult since you no longer live in FL, but whatever you can dig up to bolster your case will be helpful. Include a copy of your W2 showing the GA address (which hopefully matches the address on your lease). Another thing to consider providing is your 2004 GA tax return, which presumably documents the date when you moved out of state.

I provided them proof of Registration to Vote, acquiring FL Drivers License, and Registering Vehicles for duration of stay in FL. I provided statements from my Employer (L-3 Comm) that I was indeed employed there plus a statement from my Landlord. I also provided 3 letters from people who knew me there. They still say I owe GA for 2006. The bad thing is that if I relinquish, they can go back for 04, 05, 07, and 08. I think I have to hire an attorney to resolve this.