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    Asker06262009's Avatar
    Asker06262009 Posts: 1, Reputation: 1
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    #1

    Jun 26, 2009, 10:45 AM
    Married, Working in different statte
    My wife and I live in California. I have a potential job opportunity which is in Virginia. My wife would stay in California. We would not sell the house.

    If I were to go and live in an apartment in Virginia ( but travel back to California at least every 30 days), am I a Virginia Resident, or a California one? Should the company treat me as a Californian employee or a Virginian one? Do I need a VA driver's license? Can we file joint taxes, with two separate residences?

    My wife may occasionally travel outside of California, but I'm assuming she would remain a California resident.

    Thanks.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    Jun 29, 2009, 05:39 AM

    If you spend the majority of the year in VA (that is, you actually reside their more than 183 days in the year), then you are a VA resident. It is NOT required that you have a VA license to prove this to anyone - although it can certainly help and the state of VA requires residents to obtain a valid VA license within a few week of moving into state, so you would be well advised to get one. If the state of CA tries to come after you for not paying CAS tax on your VA income, you will lned to have proof f precisely when you moved out of CA, so keep copies of things like airline tickets, rental agreements, utility bills, etc. that can help prove you are a VA resident Your employer should withhold VA tax. You will not owe CA any tax on your earnings from VA (although any CA income tax owed on your wife's income will be calculated using a tax rate that includes your total family income). And yes, you can file jointly.
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