California Residency Interpretation

[OldAgePensioner]

This is verbatim from the DMV

http://www.dmv.ca.gov/dl/dl_info.htm#idrenew

How to apply for a driver license if you are over 18

If you are a visitor in California over 18 and have a valid driver license from your home state or country, you may drive in this state without getting a California driver license as long as your home state license remains valid.

If you take a job here or become a resident, you must get a California driver license within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner's property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.


Does this mean if I don't vote, use in-state tuition, etc, then I'm not a resident?

 

[brewer12345]

For the purposes of the CA DMV, apparently so. I sincerely doubt that the local tax authorities will see it that way, though.

 

[MasterBlaster]

If you establish residency then you'll probably get called in for jury duty.

So besides high taxes, high DMV fees keep the JD factor in mind.

 

[OldAgePensioner]

I wonder how they even know I'm here.

Does the leasing office alert the tax board?
Does Pacific Power and Gas alert them?

I have no accounts with a California address, so how do they track me?

 

[MasterBlaster]

If you have a resident/mailing address then you will get to pay those big California taxes.

If you are considering something different then you will be breaking the law and could be prosecuted. You may get away with it and then you just may meet big Wally at the Big House.

By the way Big Walley says that he thinks you have really purty lips

 

[OldAgePensioner]

MasterBlaster,
Here's the plan, all legal.

1. I am only spending already taxed dollars (cash in MM).
2. I've minimized my dividend yielding holding.
3. I'm buying almost nothing while I live here.

I should end up paying a bit on interest and some dividends but hey, they deserve something, the greedy bastards.

An Annoying Aside: Why when some service like RCN says well be there between 8-10, why do they always show up at 10. Now you wasted 2 hours waiting and now they take up more of your time doing the work?

 

[MasterBlaster]

Don't you have a cell phone. They will call when they are on the way. Meanwhile you can go out to breakfast or whatever.

Cellphones are the anti-wait device !

 

[brewer12345]

OAP, do yourself a favor and go look at the CA tax authority's definition of who is a resident. That way you at least know where the line is, regardless of whether you choose to hop over it or not.

 

[Cool Dood]

I don't get why so many people have a problem with jury duty. It seems like in almost all cases, it would just be a good opportunity to prevent the enforcement of a dumb law.

 

[MasterBlaster]

From the California Franchise Tax Board:

Q: I lived in California for part of the year. Do I have to file a return?


A: Yes. California taxes all income you received while a California resident, and the income you received from California sources while you were a nonresident. The requirement to file depends on the amount of income you received from any source while you were a California resident and California source when you were not a resident of California.

If you were single or unmarried you must file a return if:

You were a California resident for any part of the year or you were a nonresident and had income from California sources
Your gross income from all sources including income from outside California was more than $13,085 or
Your adjusted gross income from all sources was more than $10,468.
If you were married you must file a return if:

Either spouse was a California resident for any part of the year or either spouse was a nonresident who had income from California sources.
Your combined gross income from all sources including income from outside California was more than $26,170 or
Your combined adjusted gross income from all sources was more than $20,935.
If someone can claim you as a dependent, you must file a return if:

You were a California resident for any part of the year or you were a nonresident and had income from California sources.
Your gross income from all sources was more than your standard deduction.


http://www.ftb.ca.gov/individuals/faq/ivr/209.html

 

[OldAgePensioner]

I may do an Identity Theft. I've always wanted to be:

Thurstan Amadeus Baldwin-Smythe.

And just dissapear from the tax rolls. Trouble is the CIA has my finger prints and a 35 allele DNA sample, so one slip up and I'm caught.

 

[Brat]

So, what is "living" in California as contrasted to an extended visit?  If I were alive while in California am I "living" there?  

If the OP has a residence in another state, is not employed and doesn't stay more than 6 months is he "living" in California?  How does a short-stay apartment differ from an extended stay apartment?

The California tax collector has a reputation for expansive intrepretations of their taxing ability.  Were I more than curious I would post the question on Google's moderated tax forum: http://groups.google.com/group/misc.taxes.moderated?hl=en&lr=&ie=UTF-8

 

[brewer12345]

So, what is "living" in California as contrasted to an extended visit?  If I were alive while in California am I "living" there?  

If the OP has a residence in another state, is not employed and doesn't stay more than 6 months is he "living" in California?  How does a short-stay apartment differ from an extended stay apartment?

The California tax collector has a reputation for expansive intrepretations of their taxing ability.  Were I more than curious I would post the question on Google's moderated tax forum: http://groups.google.com/group/misc.taxes.moderated?hl=en&lr=&ie=UTF-8

Heh, nothing that says you can't be taxed as a resident by two states. NY state taxes people who live all over the country.

 

[cute fuzzy bunny]

I went this route OAP. Once you pay rent or a house payment and live in a hotel/motel room, apartment or house, you are a california resident. I think theres more to that DMV thing than what you cut and pasted...I think I posted it a while back when you asked about this in another thread.

Basically what I was told was if you're here more than 10 days and you have intent to remain here for much longer, you're a resident.

You may in fact be taxed by two states at once if you dont establish residency. Good news is some states let you take a credit for taxes paid to another state for income earned while a resident of that state. Or something like that...its been a long time since i had to do a two-state tax return.

 

[audreyh1]

OAP - legally you have to have residency SOMEWHERE. How are you getting your mail? Do you have a mail service somewhere?

Do you own a vehicle? Where is it registered? Where is it insured?

Legally you have to have your vehicles registered and your insurance in your county and state of residence. You have to have your driver's license in your state of residence.

This is all true whether you are registered to vote or not. Of course, if you register to vote, it also has to be in your county of residence.

Both voter's registration and driver's license require a physical street address - not a mailbox.

If you are renting an apartment in California and establish this as your new physical address, then will you become a resident.

Those of us who are "itinerant" - i.e. constant traveler with no permanent physical address, or multiple residences across several states, - have to deal with this issue proactively, otherwise you might end up being considered a resident when you don't want to be. Some people use a relative's address as their physical address. Others use a mail service that provide a legal address than meets the requirements for voter's registration, driver's license, etc. Then we make sure that all our vehicles are registered to that county, our insurance is in that county, etc., etc.

Once you take employment in another state - you pretty much become a resident of that state for the period of time you are employed there. That overrides everything else.

Audrey

 

[cute fuzzy bunny]

From the thread where we had the same conversation last march, from the california state govt:


"A California resident is an individual who is in California for other than temporary reasons. A resident is an individual who is working, living, retiring or staying in California for a long period. If you stay in California for more than nine months, FTB will presume that you are a resident.

A resident is also an individual whose permanent home is in California but who is outside of California for a temporary purpose. For example, an individual goes on vacation in another state or works there temporarily. The individual still maintains residency in California and intends to return.

A temporary stay means that the individual is just visiting California. He or she may be here for a vacation, or completing a business transaction. But there is no intention to stay."