Asked in Tax Law

Q: to have a 2nd home in Madera county but want to retain my Texas resident status for tax purposes. How can I legally do?

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2 Lawyer Answers

A: Spend less than 6 months residing in any one other state. Retain a TX driver's license. Intend to reside in the state of TX for the indefinite future.

Bruce Alexander Minnick and Andrew M Steiger agree with this answer

Andrew M Steiger
Andrew M Steiger
Answered
  • Tax Law Lawyer
  • St. Clair Shores, MI

A: You might check out California FTB publication 1031 for guidance on CA residency rules and hire a California attorney if there is a lot of potential tax at stake to review the rules and avoid various CA contacts. California may not accept a claim of Texas residency solely on your view that you satisfy the Texas’ tax residency rules. California is known to send a tax bill to visitors based on a starting position that they are a California tax resident and asking them to prove otherwise, so be prepared if you plan to spend considerable time in California.

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