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October 15, 2023
Question

How important is for Green Card holder living abroad to state I'm living abroad on tax return vs. CA state?

  • October 15, 2023
  • 2 replies
  • 0 views

I'm a green card holder who lived in CA but have been living abroad since 2021 with a reentry permit which allows me to remain outside the U.S. for 2 years without losing the green card. I returned to the U.S. in 2023 and reapplied for the reentry permit to stay out of the U.S. for another 2 years. The reentry permit is meant to be temporary and that I intend on returning to the U.S. On Dec. 31 of 2021, 2022, and probably 2023 I would be abroad. Am I supposed to select that my permanent residence is now abroad in the info section? Or should I keep it CA? I have to file CA state taxes anyways, and it is where I intend on returning but wasn't sure what to do. 

 

update: looking at the section and it says "

State of residence (on December 31, 2022)

Usually your state of residency is the place you intend to be your permanent home. You aren't living in the state for a temporary purpose. It's the place you return to after a vacation, business assignment, or away at school.

You can only have one permanent home. States often refer to this as your domicile.

Some states have a "days test" and if you spend more than a certain number of days (often 183 days) of the taxable year in their state, they consider you a resident for that year."

2 replies

Employee
October 16, 2023
yoshlAuthor
October 16, 2023

Can someone help me with this one? Thank you. 

@rjs @Critter-3 @VolvoGirl 

Critter-3
October 16, 2023

CA doesn't tax you if you are not living or working in the state of CA.  If you have CA sourced income like a rental property then you would file a non resident return to report that income only. 

yoshlAuthor
October 16, 2023

Does just changing the selection from CA to foreign country under "Your personal info" > State of residence (on December 31, 2022) do this? I've heard that CA doesn't allow you to cut ties so easily.