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Residency challenges—has any state ever gone after you?

Posted on 11/20/19 at 1:51 pm
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 11/20/19 at 1:51 pm
Has Louisiana ever challenged any of you that moved to Texas and tried to collect income taxes for example?
This post was edited on 11/20/19 at 1:52 pm
Posted by SippyCup
Gulf Coast
Member since Sep 2008
6142 posts
Posted on 11/20/19 at 2:10 pm to
I have plenty of clients who moved from another state to Louisiana and because they have an LA address on the return, the state assumes all of their income should be subject to Louisiana tax. I have had Louisiana challenge a few clients that moved away, but not as many that have moved in.
Posted by monteandmakers
New Orleans
Member since Dec 2014
180 posts
Posted on 11/20/19 at 3:09 pm to
Yes, they challenged me when I moved away for a year. I believe I was on their radar because I had filed in Louisiana for years and then didn’t file one year. When I moved away I knew I would be back the next year so I didn’t change my vehicle registration or drivers license. The state saw that I still had both in Louisiana but didn’t pay taxes.

They ask for proof of residency in my new state, including vehicle registration and drivers license. Of course I couldn’t provide that for the new state so I provided them utility bills, paychecks, etc. that showed my new address but they insisted vehicle registration and drivers license determined residency. They said I owed income taxes for that year, thankfully the state I moved to didn’t have income taxes so I just paid Louisiana to get them off my back.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37126 posts
Posted on 11/20/19 at 3:13 pm to
quote:

I have plenty of clients who moved from another state to Louisiana and because they have an LA address on the return, the state assumes all of their income should be subject to Louisiana tax.


This happened to me, personally, when I moved from TX back to LA. I moved in January, so when I filed my tax returns that summer (yeah, I'm an extender) I used my LA address on my federal return, and didn't file an LA return (because all of my income for the year being filed was Texas income).

Couple of years later, LDR info-shares with IRS and thinks I should have filed an LA return. But the weird thing is, they sent all of the notices... to my Texas address. To this day, I have no idea how they even had that. I had no idea this was happening until a couple of years later when my federal tax refund got scooped and sent to LA. I call and was told about my missing tax return and how they assessed tax on me and I had a debt.

Took about 3 months and a small forest worth of paper, but got it resolved and got my money back.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37126 posts
Posted on 11/20/19 at 3:15 pm to
quote:

Has Louisiana ever challenged any of you that moved to Texas and tried to collect income taxes for example?


I've seen it a few times (not just Texas) and it was always because the client never changed their drivers license / voter info / vehicle registration.
Posted by GeorgeTheGreek
Sparta, Greece
Member since Mar 2008
66451 posts
Posted on 11/20/19 at 3:45 pm to
Yes. I had to back pay LA taxes after I moved. I was young and didn’t do things properly, so was still a legal resident of LA even though I was living in Houston.

Sucked but that’s life.

quote:

They ask for proof of residency in my new state, including vehicle registration and drivers license. Of course I couldn’t provide that for the new state so I provided them utility bills, paychecks, etc. that showed my new address but they insisted vehicle registration and drivers license determined residency. They said I owed income taxes for that year, thankfully the state I moved to didn’t have income taxes so I just paid Louisiana to get them off my back.


This. At the time I believed I was going to move back to Louisiana so I didn’t change anything over. And like you, they didn’t take my bills as residency proof in a new state.
This post was edited on 11/20/19 at 3:48 pm
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37126 posts
Posted on 11/20/19 at 5:02 pm to
quote:

This. At the time I believed I was going to move back to Louisiana so I didn’t change anything over. And like you, they didn’t take my bills as residency proof in a new state.




You can likely beat the LDR if you have that stuff such as bills as proof. LDR likes to act like the only two things that matter are DL and vehicle registration, but that's not exactly what the law says.

However, to beat them, you probably have to, at a minimum go through the board of tax appeals, and more likely, go to court. And for most people, the cost to just pay the state and make the changes is far less than the cost of fighting them.

Also, keep in mind that most states require you to get a DL in their state, within 30 days of moving in.
Posted by monteandmakers
New Orleans
Member since Dec 2014
180 posts
Posted on 11/20/19 at 6:51 pm to
quote:

Also, keep in mind that most states require you to get a DL in their state, within 30 days of moving in.


Right, at the time I just banked on not getting pulled over and if I did then come up with a story about just being in town for work or visiting a friend. It all worked out, except for the taxes.
Posted by makersmark1
earth
Member since Oct 2011
15902 posts
Posted on 11/20/19 at 9:05 pm to
California tried every year when I was stationed there by the military.

I had to send copies of my taxes and residency to them each year.
Posted by BruceJender
Houston
Member since Dec 2016
620 posts
Posted on 11/22/19 at 3:11 am to
Is this still an issue if you’re not using a Louisiana address as your filing address? I’m young and dumb right now, so I haven’t transferred my DL or registration two years later but I use my Texas address to file.
Posted by MSTiger33
Member since Oct 2007
20387 posts
Posted on 11/22/19 at 6:08 am to
NY goes after my clients all the time. Tax man will show up at their NY apartments checking expiration dates on food, looking at your clothes in closets, checking cell phone records, etc. it’s really aggressive up here.
Posted by SaintsTiger
1,000,000 Posts
Member since Oct 2014
1120 posts
Posted on 11/22/19 at 2:12 pm to
quote:

NY goes after my clients all the time. Tax man will show up at their NY apartments checking expiration dates on food, looking at your clothes in closets, checking cell phone records, etc. it’s really aggressive up here.


Wow!
Posted by crazycubes
Member since Jan 2016
5256 posts
Posted on 11/23/19 at 9:38 pm to
Rush says the same thing in his show. He has to fly into NJ just to keep the NY tax man off his back.
Posted by down time
space
Member since Oct 2013
1914 posts
Posted on 11/24/19 at 10:07 am to
Get a tx DL
Posted by OleWarSkuleAlum
Huntsville, AL
Member since Dec 2013
10293 posts
Posted on 11/24/19 at 10:41 am to
quote:

California tried every year when I was stationed there by the military.


Same with me when I was stationed at NTC. They wanted proof I filed a state tax return in another state, but I was a resident of Texas so that didn’t exist. So I just sent them a copy of my orders and every year when the inevitable letter came saying I owed them back taxes.
This post was edited on 11/24/19 at 10:42 am
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