Live and Work in FL, Spouse Lives in IL with Children - State Taxes

Forum|Forum|7 years ago
November 9, 2018
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I live and work in Florida. I spend more than 200 days in Florida. I have established residency in Florida. I am married with 5 children but spouse and children live in Illinois. All my income is in Florida. The company I work for is in Florida. No Illinois payroll taxes are withheld from my semi-monthly paycheck. Spouse does not work and has no income in Illinois. I rent an appartment in Florida. I own a home in Illinois and pay property tax in Illinois. Children attend public schools in Illinois. We file federal taxes as married - filing jointly. How should I be filing my state taxes? Do I need to file taxes in Illinois as I have no income in Illinois? How can I ensure that Illinois can not claim me as a resident and therefore subject to Illinois income taxes? Any help would be greatly appreciated.

Carl11_2

Employee

You may want to read https://www.bakertilly.com/insights/dual-state-residency-can-result-in-dual-taxation/ and then seek the services of a Tax Attorney (not a CPA) to get definitive legal clarification that will stand up in court, should it come down to that. Some things against you are ;

1) You own a residential property in Ill which is occupied by your family. (you only rent in FL, which is indicative of a non-resident with no demonstrated intent to make FL your tax home.)
2) You children are enrolled in school in Ill

3) If your spouse is registered to vote in Ill, that too goes against *you*.

What county are you in in FL, and how have you established residency? Understand that establishing residency in one state, does not necessarily negate your residency in another state.

Now I'm not an expert on this stuff by any stretch of the imagination. But should Ill hunt you down for state taxes, based on the limited information you've provided it looks to me like you don't have a leg to stand on.