Henderson, NV asked in Tax Law for Nevada

Q: I live in Henderson, Nv but i travel to California 3 days a week for work, do I have to pay California state taxes?

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1 Lawyer Answer

A: The main issue would be to determine residency in California, because Residency is significant because it determines how income is taxed by California. The underlying theory of residency is that you are a resident of the place where you have the closest

connections.

The following list shows some of the factors you can

use to help determine your residency status. Since your

residence is usually the place where you have the closest

ties, you should compare your ties to California with your

ties elsewhere. In using these factors, it is the strength

of your ties, not just the number of ties, that determines

your residency. This is only a partial list of the factors to

consider. No one factor is determinative. Consider all

the facts of your particular situation to determine your

residency status.

Factors to consider are as follows:

1) Amount of time you spend in California versus amount of time you spend outside California.

2) Location of your spouse/RDP and children.

3) Location of your principal residence.

4) State that issued your driver’s license.

5) State where your vehicles are registered.

6) State in which you maintain your professional licenses.

7) State in which you are registered to vote.

8) Location of the banks where you maintain accounts.

9) The origination point of your financial transactions

10) Location of your medical professionals and other healthcare providers (doctors, dentists etc.), accountants and attorneys.

11) Location of your social ties, such as your place of worship, professional associations, or social and country clubs of which you are a member.

12) Location of your real property and investments.

13) Permanence of your work assignments in California.

Note: In addition, see the state designation on your W-2 form, and state income tax withholding.

Chances are that items number 1, 9, 13 and Note: will have a higher weigh on the determination. Please consult tax attorney with more facts for a better answer. Good luck.

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