457 Withdrawal Strategy to Avoid State Tax - Does it Work?
I'm in a bit of a unique situation and wondering if anyone has experience with this. My wife and I live in a no-income-tax state right on the border with what I'll call "High Tax State." She commutes across the border to work for the county government in High Tax State where she's been contributing to a 457 deferred compensation plan. We're thinking about our long-term strategy here. If we eventually roll her 457 into an IRA and then make withdrawals years down the road (probably in retirement), do you think High Tax State would somehow track us down and try to collect income tax on those IRA withdrawals? Or would they essentially lose track of us since we'd no longer have any connection to that state? I know they're aggressive with taxes, so I'm curious if anyone has dealt with similar situations. We're not trying to do anything sketchy, just understand our options since we legitimately live in a different state with no income tax.
25 comments


Luis Johnson
This is an interesting question about state taxation of retirement distributions. Generally speaking, states tax based on residency at the time of withdrawal, not where the money was earned or where the plan was established. As long as you're genuinely a resident of a no-income-tax state when you take distributions from the IRA (after rolling over the 457), you shouldn't owe state income tax to High Tax State. Your wife's employer reports her wages to High Tax State now because she earns income there, but once she's no longer working there and you're taking distributions from an IRA, there's typically no connection to the original state. That said, be careful about maintaining clear residency in your no-income-tax state. High Tax States are indeed getting more aggressive about claiming people as residents, especially if you maintain property or significant connections there.
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Ellie Kim
•What if they spend winters in High Tax State? Would that trigger any partial residency issues with the IRA withdrawals?
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Luis Johnson
•If you spend significant time in High Tax State (like winters), you could potentially trigger what's called "statutory residency" or "part-year residency" depending on their specific rules. Many states consider you a resident for tax purposes if you're physically present for more than 183 days, regardless of where your permanent home is. In that scenario, you might indeed owe taxes to High Tax State on the portion of your income (including IRA withdrawals) received while physically present in that state. This is why snowbirds need to carefully track their days in each state and sometimes even keep travel logs to prove where they were throughout the tax year.
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Fiona Sand
I went through something similar when rolling over my government 457 plan. I was worried about tracking issues between states, and a friend recommended I try the document analysis tool at https://taxr.ai to review my plan documents and state tax obligations. It was actually super helpful since the AI analyzed both federal and state tax implications of my rollover strategy. Their system flagged some provisions in my 457 plan I hadn't noticed that could have caused issues down the road, and it explained exactly how the rollover to an IRA would be treated by different states. Way more specific than the generic advice I was finding online.
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Mohammad Khaled
•How does this actually work? Do you just upload your 457 plan documents and it tells you what to do? My husband has a similar situation with his pension from a different state.
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Alina Rosenthal
•I'm a little skeptical about putting my financial documents into some random AI tool. How secure is this? And what makes their advice better than just talking to an accountant who specializes in this area?
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Fiona Sand
•It's pretty straightforward - you upload documents like your 457 plan agreement, any statements, and even the state tax regulations you're concerned about. The AI analyzes everything together and gives you specific insights about your situation rather than generic advice. Regarding security, I had the same concerns initially. They use bank-level encryption and don't store your documents after analysis. Plus, you can redact any personal info before uploading. I found it more helpful than my accountant because it could instantly cross-reference all the specific state tax laws that applied to my situation, which my accountant wasn't as familiar with since he mainly deals with federal taxes.
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Mohammad Khaled
Just wanted to follow up! After asking about taxr.ai on here, I decided to try it with my husband's pension documents and the state tax regulations. We were planning to move from Illinois to Florida and were confused about the taxation rules. The tool analyzed everything and showed us that Illinois has specific rules about taxing certain types of pensions even after you move away. Something about maintaining a "connection" to the state. It saved us from making a big mistake in our retirement planning! We adjusted our withdrawal strategy based on the recommendations and it's going to save us thousands in unexpected tax bills. Definitely worth checking out if you're dealing with multi-state retirement questions.
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Finnegan Gunn
If you're having trouble getting clear answers about the High Tax State's policies, you might want to try Claimyr (https://claimyr.com). I had a similar situation with California trying to tax my retirement distributions after I moved to Nevada, and I couldn't get through to anyone at the state tax agency for weeks. Claimyr got me connected to an actual human at the state tax office in under 15 minutes instead of the hours I was spending on hold. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent I spoke with ended up providing very specific information about my situation and explained exactly what documentation I needed to prove I was no longer a California resident. Saved me a ton of stress trying to figure it out on my own.
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Miguel Harvey
•How does this even work? Are they just calling the IRS or state tax departments for you? Why would that be any faster than me calling myself?
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Alina Rosenthal
•This sounds fishy. Why would you pay someone else to make a phone call you could make yourself? The state tax departments are understaffed but eventually they pick up. Seems like a waste of money for something that just requires patience.
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Finnegan Gunn
•They don't just call for you - they use a system that navigates the phone trees and waits on hold, then when they reach a human, they transfer the call directly to you. It works because they have technology that keeps your place in the queue without you having to sit there listening to hold music for hours. I thought the same thing initially - that it was just a service charging people to make calls. But what they're really selling is your time back. I spent 3+ hours on hold multiple times and never reached anyone. With Claimyr, I was connected in about 12 minutes while I just continued working. You're right that eventually they pick up, but "eventually" can mean 4+ hours of your day wasted, and sometimes they disconnect you after a long wait.
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Alina Rosenthal
I need to eat my words about Claimyr. After being skeptical in my previous comment, my curiosity got the better of me when I needed to resolve an issue with New York state taxes (I moved to Tennessee last year). I tried calling NY tax department directly first - sat on hold for 2.5 hours before getting disconnected. Frustrated, I decided to try Claimyr despite my skepticism. They got me connected to a real person at the NY tax office in about 18 minutes. The agent was able to confirm that my change of residency was properly recorded and that I wouldn't be liable for NY taxes on my retirement distributions as long as I maintain no significant ties to the state. The peace of mind was absolutely worth it, and now I don't have to worry about surprise tax bills from NY in the future. Sometimes it pays to keep an open mind!
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Ashley Simian
One thing nobody's mentioned yet - be super careful about maintaining clear domicile in your tax-free state. I had a colleague who thought he was in the clear because he lived in NH but High Tax State (Massachusetts in his case) came after him because: 1. He still owned property in Mass 2. He had Mass doctors and bank accounts 3. His vehicles were still registered in Mass They actually audited him and determined he hadn't truly changed his domicile despite physically living in NH. Cost him thousands in back taxes plus penalties. Make sure you've truly cut ties with High Tax State!
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Jasmine Hernandez
•This is exactly the kind of thing I'm worried about. How long ago did this happen to your colleague? Were there any specific steps he could have taken to avoid this outcome?
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Ashley Simian
•This happened about 3 years ago. The biggest mistake he made was trying to have it both ways - living in NH for the tax benefits while maintaining most of his life connections in Massachusetts. To avoid his fate, you should: change your driver's license to your new state, register to vote there, use local doctors and professionals, join local organizations, file a declaration of domicile if your state has one, and spend at least 2/3 of your time in your new state. Documentation is key - keep records of where you physically are each day (cell phone records can help). And definitely file non-resident tax returns for any income actually earned in High Tax State.
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Oliver Cheng
Just my 2 cents, but after you roll the 457 into an IRA, it becomes a completely different financial instrument with no connection to the original employer or state. My husband rolled his NY state pension into an IRA after we moved to Wyoming, and NY has never tried to claim any taxes on withdrawals. The key is the rollover completely severs the connection to the original plan. It's now just a regular IRA subject to the tax rules of wherever you reside when you take distributions.
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Taylor To
•Respectfully disagree - some states specifically track certain retirement accounts even after rollover, especially if they're "government pensions" which 457s often are. It's state-specific, but I've seen Illinois, California and NY all make claims on retirement income after people moved away.
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Alana Willis
Based on my experience dealing with multi-state tax issues, the general rule is that retirement distributions are taxed by your state of residency at the time of withdrawal, not where the money was originally earned. However, there are some important nuances to consider: 1. **Clean break is key**: Make sure you establish clear residency in your no-income-tax state before taking distributions. This means more than just living there - update your driver's license, voter registration, bank accounts, and other official documents. 2. **457 vs IRA treatment**: Once you roll the 457 into an IRA, it should be treated as a regular IRA for tax purposes. Most states don't have special tracking mechanisms for rolled-over retirement accounts. 3. **State-specific rules**: However, some aggressive tax states do have specific provisions about government pensions and retirement benefits. Since your wife works for a county government, I'd recommend checking if High Tax State has any special rules about government employee retirement benefits. 4. **Documentation**: Keep detailed records of the rollover process and your residency status. If questioned later, you'll want clear documentation showing you were a legitimate resident of the no-income-tax state when distributions occurred. The strategy generally works, but given that High Tax State is "aggressive with taxes," it would be worth consulting with a tax professional familiar with that specific state's rules to be completely sure.
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Alejandro Castro
•This is really helpful advice! I'm curious about point #3 regarding government employee retirement benefits - do you know which states typically have these special provisions? My sister works for a state university system and we've been wondering if similar concerns might apply to her TIAA-CREF retirement accounts when she eventually moves to Florida. Are there any warning signs to look for in state tax codes that might indicate they have these kinds of "reach back" provisions for government employees?
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Evelyn Rivera
•Great question about state-specific provisions! From what I've seen, California, New York, Illinois, and Massachusetts are the most aggressive about this. They often have provisions that can tax certain government retirement benefits even after you move. For TIAA-CREF specifically, your sister should look for language in her state's tax code about "source income" from government employment or phrases like "retirement income derived from [state] employment." Some states consider university system employment as government work for tax purposes. Red flags to watch for: if the state taxes non-resident former employees on retirement distributions, has a "throwback rule" for government pensions, or requires former residents to file returns for government-sourced retirement income. Florida residents are generally safe since FL has no income tax, but the originating state might still try to claim it's their income to tax. I'd definitely recommend she review her specific plan documents and her state's tax provisions before making the move. The TIAA-CREF customer service folks are usually pretty knowledgeable about state tax implications too.
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Ethan Moore
Great question! I actually went through a similar situation when my spouse worked for a county in Connecticut while we lived in New Hampshire. The good news is that your strategy should generally work, but there are a few things to keep in mind. Once you roll the 457 into an IRA, it typically becomes subject to the tax laws of your state of residence when you take distributions, not where it was originally earned. The rollover essentially "cleanses" the connection to the original state and employer. However, I'd recommend a few precautionary steps: 1. **Document everything**: Keep records of the rollover process and make sure all your residency documentation is rock solid (driver's license, voter registration, etc.) in your no-income-tax state. 2. **Check for specific state provisions**: Some states have tried to claim tax on government employee retirement benefits even after rollover. Since you mentioned High Tax State is aggressive, it might be worth having a tax professional review their specific statutes. 3. **Consider timing**: You might want to wait until after your wife stops working in High Tax State before doing the rollover, just to avoid any potential complications during the transition. The IRS treats rolled-over 457 funds as regular IRA money, and most states follow this treatment. But given that this involves a government 457 plan and an aggressive tax state, a consultation with a tax pro familiar with that specific state's rules would give you peace of mind. Better to spend a few hundred on advice now than deal with an audit later!
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Dmitry Popov
•This is really solid advice, especially about documenting everything! I'm dealing with a similar situation where my husband works for a state agency but we live across the border. One thing I'd add - we found it helpful to get a written statement from the 457 plan administrator confirming that the rollover completely severs the connection to the original employer. Some plan administrators are more knowledgeable about multi-state tax implications than others, so it's worth asking specific questions about whether they report anything to the original state after rollover. Also, if you're working with a financial advisor for the rollover, make sure they understand the state tax implications - not all of them are familiar with the nuances of government 457 plans and aggressive state tax policies.
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Lilly Curtis
This is a great question that many government employees face! The general principle is that retirement distributions are taxed by your state of residence at the time of withdrawal, not where the money was originally earned. Once you roll the 457 into an IRA, it should be treated like any other IRA for tax purposes. However, since you mentioned High Tax State is aggressive with taxes, I'd recommend being extra careful about establishing and maintaining clear residency in your no-income-tax state. Some states have specific provisions for government retirement benefits, and you don't want to give them any reason to claim you as a resident. A few key steps: make sure all your official documents (driver's license, voter registration, bank accounts) are in your no-income-tax state, spend the majority of your time there, and keep good records. The rollover should effectively sever the connection to the original state, but documentation is your friend if questions ever arise. Given the complexity and the fact that this involves a government 457 plan from an aggressive tax state, it might be worth consulting with a tax professional who's familiar with multi-state retirement planning. A few hundred dollars in professional advice now could save you thousands in potential issues down the road.
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Ruby Blake
•This is excellent advice! I'm actually in a very similar situation - my wife works for a city government in what sounds like the same "High Tax State" while we live just across the border. We've been contributing to her 457(b) for years and have been wondering about this exact scenario. One thing I'd add from our research is that it's worth checking if your High Tax State has any specific "source rules" for government employee retirement income. We discovered that our state has some language in their tax code about government pensions that could potentially apply even after rollover, though it's not entirely clear. @b5091e91fd0f Have you come across any states that have successfully pursued former government employees for taxes on IRA distributions that originated from government 457 plans? I keep hearing conflicting information about whether the rollover truly provides complete protection or if there are edge cases where states have tried to maintain jurisdiction. We're planning to consult with a tax attorney who specializes in multi-state issues, but I'm curious if anyone has real-world experience with High Tax States actually pursuing this type of claim.
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