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February 8, 2024
Question

Move out-of-state temporarily to save taxes

  • February 8, 2024
  • 1 reply
  • 0 views

My estimated taxable income may be over $200K for 2024 and 2025 due to the high tuition costs for my dependent child. If I move to Texas (no state income tax) later this year (2024), I hope this may save at 5% state income tax (California) since I will be in the high income bracket.

 

What is the rule to determine the residency for tax return purpose? Do I need to stay in Texas for more than 180 days? Does it have to be continuously? I may take some short trips between Texas and California.

 

How do I establish residency for tax return purposes?  Will TurboTax ask me how many days I reside in a state?

 

For the past years, my wife and I have always filed jointly. If I move to Texas while my wife stays in California, may I still file our tax return jointly as a married couple? Or do we need to file separately even though she doesn’t have any income?

 

We own a house and for our property tax we received homeowner exemption. Do we still quality for this exemption since my wife remains in California?

 

    1 reply

    AmyC
    Employee
    February 8, 2024

    Your home is where you intend to live, have friends, drivers license, vote, insurance, all of those things that make a place home. If you have a house and wife in CA, it sounds like you will be a CA resident regardless of where you go.

     

    Here is one good list from the Tax Book:

    • Registering to vote and voting in the new state.
    • Purchasing residential property
    • Titling and registering vehicles.
    • Paying state income tax.
    • Notifying the state of previous legal residence/domicile of the change in state of legal residence/domicile.
    • Preparing a last will and testament which indicates the new state of legal residence/domicile
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