[Rickt011]

I own a home in Ohio, was born and raised there, but now live in CA for a year, plan on returning to Ohio at some point, and I still own the home in Ohio, and I pay Ohio taxes. Am I breaking any rules not becoming a California resident?

[smoothy]

I own a home in Ohio, was born and raised there, but now live in CA for a year, plan on returning to Ohio at some point, and I still own the home in Ohio, and I pay Ohio taxes. Am I breaking any rules not becoming a California resident?

Yes... if you spend most of your time in California... or any other state than Ohio. And its not rules you are breaking its LAWS you are breaking...

Simply owning a house doesn't constitute a residence unless you actually reside in it a majority of the time... my mother owns a house in VA but she isn't a resident there because she doesn't actually live there.

[AtlantaTaxExpert]

What smoothy says is accurate. If you spend most of your time in California, and earn your salary there, you are in fact a California resident.

There is no shame in that, and you can become a Ohio resident once you return to Ohio.

[ebaines]

I own a home in Ohio, was born and raised there, but now live in CA for a year, plan on returning to Ohio at some point, and I still own the home in Ohio, and I pay Ohio taxes. Am I breaking any rules not becoming a California resident?

If you expected to be in CA less than one year there wouldn't be a problem - you would file a CA tax return as a non-resident, to pay income tax on any CA-source income, then you file a resident OH return, report all income, and take a credot for taxes paid to CA. But it seems you have already been in CA for a year, and "at some point" is not well defined, so in my opinion CA is your principal abode and you file in CA as a resident. You should not be paying OH taxes (unless you have OH source wages). I assume that you may make occasional visits back to OH, but spend less than 183 days/year there and don'thave a job there.

[Rickt011]

I pay my fees taxes and everything threw Ohio, I am here temporary, and I am Military retired. I feel this is wrong. I will return to Ohio full time within the year.

[smoothy]

Hopefully California doesn't get wise before then... they are so desperate for money right now;.. they are going to be really aggressive to get it

[AtlantaTaxExpert]

You need to amend the Ohio return and file the California return, because the Franchise Tax Board WILL figure it out and come calling for the taxes you owe.

[Rickt011]

I've been here under a year, and will return soon to Ohio. I see no reason to do any of that. I have received nothing from the State of California for anything. I am retired, 100% disabled medically, and legally.

[Rickt011]

Hopefully California doesn't get wise before then....they are so desperate for money right now;..they are going to be really aggressive to get it

When I do my taxes, it asks how many months in state and out of state. I say the truth. Still a Ohio resident. Will remain a Ohio resident. I didn't make this debt in California, and I refuse to pay for it. Any state that elects a socialist Jerry brown deserves to get what he's doing, bend over and take it... take it.

[smoothy]

When I do my taxes, it asks how many months in state and out of state. I say the truth. Still a Ohio resident. Will remain a Ohio resident. I didn't make this debt in California, and I refuse to pay for it. Any state that elects a socialist Jerry brown deserves to get what he's doing, bend over and take it...take it.

Trust me... I feel your pain... but you can't legally remain a Ohio resident for tax purposes for the entire 12 months and still live 7 or more months (actually just over 6 months) a year in Kalifornistan or any other state... you will find yourself in jail for tax evasion. And when you end up in court your odds of winning are about as slim as Sarah Palin has of getting elected Gov of California ( not that she'd ever want to be)

Ohio doesn't give a hoot... its the other state that's going to have the kittens (California in this case). I don't know what the Statute of limitation is on that either. You might slip under the radar... and maybe you won't. (but I'm cheering in your corner). Most consider you a resident if you are there over 50% of the time.

The exception is if you are on active duty you can claim almost any place (even a mail forwarding post office box.) without regard to where you are actually stationed. (at least it used to be like that). That's why so many people in the service claim Florida or Texas... no state income tax.

[AtlantaTaxExpert]

If you work in California, you must pay California income tax.

If you delay and California comes after you, Ohio will help them collect the past due taxes.

[Rickt011]

Trust me...I feel your pain...but you can't legally remain a Ohio resident for tax purposes for the entire 12 months and still live 7 or more months (actually just over 6 months) a year in Kalifornistan or any other state....you will find yourself in jail for tax evasion. And when you end up in court your odds of winning are about as slim as Sarah Palin has of getting elected Gov of California ( not that she'd ever want to be)

Ohio doesn't give a hoot....its the other state thats going to have the kittens (California in this case). I don't know what the Statute of limitation is on that either. You might slip under the radar...and maybe you won't. (but I'm cheering in your corner). Most consider you a resident if you are there over 50% of the time.

The exception is if you are on active duty you can claim almost any place (even a mail forwarding post office box.) without regard to where you are actually stationed. (at least it used to be like that). That's why so many people in the service claim Florida or Texas....no state income tax.

I see what you are saying and when I do my taxes for this year I will consider it. But if I'm back in Ohio, I doubt I will, as I pay my Ohio taxes, and can prove that. Besides CA doesn't want to pay my disabilities. I'd be a burden to the state. LoL

[MLSNC]

I do not believe there is a statute of limitations if you do not file. Therefore, four years down the road if California finds out you owe them money, you will get to pay them, and you are probably not going to be able to get a refund from the Ohio Tax Dept. since the statute of limitations will probably have closed those years for amending the return and receiving a refund. That means you would get to pay tax twice - ouch.

[AtlantaTaxExpert]

MLSNC makes an EXCELLENT point; pay California the taxes they are owed and put this behind you.