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Esteban Tate

What does residency status for state tax really mean? And how does it impact my filing?

So I recently moved from California to Texas for a job opportunity in the middle of last year. I still own a property in California that I'm renting out, and I spent about 4 months there before moving. I'm super confused about my state tax situation. My tax software is asking about my "residency status" for state taxes, and I have no clue what to put. Does being a "resident" mean I lived there at all during the year? Or is it where I lived the majority of the year? Or where my permanent home is now? I'm getting different answers online - some sources say it's about how many days you spend in a state, others talk about "domicile" which sounds weirdly formal. I'm worried about accidentally doing this wrong and getting hit with penalties or owing a ton more. Anyone who can explain what residency status actually means for state taxes in simple terms? And how this will affect my filing since I have income from both states?

State tax residency can be confusing because it's determined differently than federal residency. Generally, there are two main types of residents for state tax purposes: full-year residents and part-year residents. There's also "non-resident" status if you earned income in a state but weren't considered a resident. For your situation, you'd likely be considered a part-year resident of California for the months you lived there, and then a part-year resident of Texas once you established domicile there. "Domicile" is basically your permanent home - the place you intend to return to after temporary absences. Most states, including California, have specific tests to determine residency, including the number of days present in the state (usually 183 days or more makes you a resident) and whether you maintain significant connections to the state (property ownership, bank accounts, voter registration, etc.). Since you own rental property in California, you'll need to file a California non-resident return after you've established Texas residency to report that rental income, regardless of your residency status.

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Elin Robinson

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But what about the "domicile" concept? I've heard California is super aggressive about claiming people as residents. If OP still has property there, will California try to tax all their income even after they moved to Texas?

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You're right that California is known for aggressively pursuing tax claims. The domicile concept is about your primary, permanent home - where you intend to return after temporary absences. When someone moves from California to another state, California may continue to consider them a resident if they maintain significant ties to California. For the rental property specifically, California will only tax the rental income itself once OP is no longer a California resident. However, OP will need to demonstrate clear evidence of establishing domicile in Texas, such as changing their driver's license, voter registration, bank accounts, and spending the majority of time in Texas. The burden of proof for changing residency falls on the taxpayer, so keeping documentation of the move and new residence is important.

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I went through something similar when I moved from New York to Florida. The tax rules were confusing and I kept getting different answers from friends and even some tax preparers. I finally found this service called taxr.ai (https://taxr.ai) that specializes in analyzing multi-state tax situations. They reviewed my specific scenario, including property ownership in my former state, and gave me clear guidance on my residency status. The coolest part was they analyzed my specific facts and even provided references to the relevant state tax regulations. Saved me a ton of stress trying to interpret everything myself, and potentially saved me from making a costly mistake with my filing status.

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Beth Ford

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Did they help with figuring out if you needed to file in both states? I moved from Illinois to Georgia mid-year and I'm not sure if I need one return or two separate ones.

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How do they actually determine your residency status? Is it just something generic or do they actually look at your specific situation? I'm suspicious of tax services that make big claims but don't really provide tailored advice.

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They helped me understand that I needed to file as a part-year resident in New York and provided guidance on exactly which forms to use. For my situation, I needed to file two returns - one for New York and one for Florida (though Florida doesn't have state income tax, I still needed to report the income I earned there on my federal return). They examine your specific situation including factors like how many days you spent in each state, where your primary residence is located, where your vehicles are registered, where you're registered to vote, and where your bank accounts are. They aren't giving generic advice - they analyze your documentation and circumstances against each state's specific residency requirements. They even pointed out some factors specific to New York's residency tests that I hadn't considered.

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Beth Ford

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Just wanted to follow up about my experience with taxr.ai since I decided to try it after seeing it mentioned here. It was actually really helpful for my Illinois-to-Georgia move! They analyzed my specific dates of residence, employment records, and property information, then explained exactly how to file as a part-year resident in both states. They also pointed out that I needed to allocate my income based on where it was earned rather than just dividing it by time spent in each state. That wasn't something I would have figured out on my own and probably would have done incorrectly. Really glad I found a service that specializes in residency issues rather than trying to piece together information from random websites.

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For anyone struggling to get clear answers about state residency status from their state tax department, I had a nightmare trying to reach someone at the California Franchise Tax Board. After being on hold for HOURS over several days, I discovered a service called Claimyr (https://claimyr.com) that got me connected to an actual state tax representative in about 15 minutes. They have this system that navigates the phone trees and holds your place in line, then calls you when an agent is about to pick up. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - it saved me literally hours of waiting on hold. The tax agent I spoke with gave me specific guidance on my residency status and what documentation I needed to maintain to support my case.

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Joy Olmedo

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Wait, how does that even work? They just sit on hold for you? That sounds too good to be true honestly.

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Sounds like a scam to me. Why would I pay someone to make a phone call I can make myself? And there's no way they have special access to tax departments that regular people don't have.

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They use an automated system that navigates the phone menus and waits on hold in your place. When they detect a human has picked up, they call you and connect you with the agent. You're not on hold, you just get a call when someone is actually there to help you. I was skeptical too, but consider the value of your time. I spent over 4 hours across 3 different days trying to get through to someone. With Claimyr, I went about my day and got a call when an agent was ready to talk. They don't have special access - they're just handling the frustrating wait time for you so you don't have to stay glued to your phone for hours.

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I have to come back and admit I was completely wrong about Claimyr. After dismissing it as a scam, I spent another two hours on hold with my state tax office yesterday and finally gave up in frustration. Today I decided to try the service, and I'm honestly shocked at how well it worked. They handled the whole phone tree navigation, sat on hold for about 47 minutes (which I didn't have to listen to), and then called me when an actual human was on the line. I got clear answers about my residency status questions in a 10-minute conversation without wasting half my day on hold. For anyone dealing with state tax questions that need a human answer, this is absolutely worth it. I wouldn't have believed it if I hadn't experienced it myself.

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Isaiah Cross

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Don't forget that states have different thresholds for filing requirements too! When I moved from Oregon to Washington, I still had to file an Oregon part-year resident return even though I only lived there for 2 months because I earned over their minimum threshold. Check your specific states to see what their rules are. Also remember that some cities have their own income taxes too. I totally forgot about this and almost missed filing my city tax return for the time I lived in an Ohio city with its own income tax.

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Esteban Tate

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Thanks for bringing this up! Do cities with their own income taxes follow the same kind of residency rules as states? Or is it just based on whether you lived within city limits? I'm worried I might be missing something for the city I lived in while in California.

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Isaiah Cross

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City income taxes usually follow similar residency concepts as states, but they're typically simpler and just focused on whether you lived or worked within city limits during the tax year. Most cities will consider you a part-year resident if you moved in or out during the year, and you'd only pay tax on income earned while living there or on income from work performed within the city. For California specifically, there aren't many cities with their own income taxes like you see in Ohio or Pennsylvania. Most California cities rely on property taxes, sales taxes, and other fees rather than income taxes. San Francisco does have a gross receipts tax, but that's for businesses rather than individuals. So unless you were operating a business in San Francisco, you likely don't need to worry about city income taxes from your time in California.

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Kiara Greene

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can someone explain how the 183 day rule works? ive heard this mentioned but im confused about what counts as a "day" in a state. if i sleep in one state but work during the day in another which one gets that day?? also what if ur traveling a lot between multiple states for work?

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Evelyn Kelly

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The 183 day rule isn't as simple as it sounds. Most states count any part of a day spent in the state as a full day for residency purposes. So if you sleep in State A but work in State B, both states might count that as a "day" toward their residency requirements. For frequent travelers, it gets complicated - you need to track where you're physically present each day. Some states have exceptions for transit days (just passing through).

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The complexity everyone's describing here is exactly why I ended up hiring a tax professional who specializes in multi-state returns. I tried to figure out my California-to-Nevada move on my own and kept getting overwhelmed by all the different rules and exceptions. One thing that really helped me understand was keeping a detailed calendar of where I spent each night during the year I moved. It sounds tedious, but when you're dealing with aggressive states like California, having documentation of your physical presence can be crucial if they ever challenge your residency status. Also, don't forget about the economic nexus test that some states use alongside the physical presence test. California looks at factors like where your income is sourced, where your professional licenses are held, and where you maintain business relationships. Just moving physically isn't always enough if you're still economically tied to the state. For your rental property in California, you'll definitely need to continue filing California non-resident returns for that income even after establishing Texas residency. Texas doesn't have state income tax, which is great, but make sure you're properly reporting that California rental income to avoid any issues down the road.

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Yara Elias

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This is really solid advice about keeping detailed records! I'm curious though - when you say "economic nexus test," does that mean California could still try to tax ALL of someone's income even after they've moved to Texas, just because they still have business ties there? That seems pretty aggressive. Also, for the rental property situation, would the OP need to pay taxes to both California (on the rental income) and Texas (if Texas had income tax), or does the interstate tax credit prevent double taxation?

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