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re: People moving to Texas and not getting a Texas ID is an epidemic
Posted on 7/19/21 at 3:58 pm to Mingo Was His NameO
Posted on 7/19/21 at 3:58 pm to Mingo Was His NameO
quote:You keep using the term “relationship with that address” and I have no idea what that means. The ID doesn’t change the standard of domicile. If you aren’t actually domiciled in another state, then yes they might make a case, based on your specific situation, that you remain domiciled in a La. Changing your ID isn’t going to change that analysis much.
But if you have a Louisiana state ID and a relationship with that address they are going to say you are still a resident of LA and not abandoned that domecile.
This post was edited on 7/19/21 at 4:00 pm
1
Posted on 7/19/21 at 3:58 pm to BruceJender
quote:
There was a thread on the money board a while ago where some people said this happened to them in this scenario. Not sure if something you do can flag it or if it’s just a case of getting extremely unlucky.
Louisiana gets a report of federal income tax returns.
Posted on 7/19/21 at 4:01 pm to WDE24
quote:
You keep using the term “relationship with that address” and I have no idea what that means.
You own a house in louisiana and move to Texas but don't sell the house in Louisiana for whatever reason. You then buy another house in Texas but keep your Louisiana ID with the old houses address. If for whatever reason you aren't paying Louisiana income tax and they find out they're going to hit you with an assessment claiming you haven't abandoned the domecile in Louisiana.
That's 100% fact.
Posted on 7/19/21 at 4:03 pm to Mingo Was His NameO
I lived in Minnesota for 3 years and never got a Minnesota drivers license or plate. I kept my Mississippi drivers license and Mississippi Ducks Unlimited tag.
Posted on 7/19/21 at 4:04 pm to Mingo Was His NameO
quote:it’s not 100% fact and a pretty easy fact scenario to prove a new domicile. Now, if you keep the house and leave your wife and child behind and spend every weekend and a few weeks here there in la with the wife and kids while working in Texas and change you drivers license to Texas, there is still a good chance La will come for its taxes.
You own a house in louisiana and move to Texas but don't sell the house in Louisiana for whatever reason. You then buy another house in Texas but keep your Louisiana ID with the old houses address. If for whatever reason you aren't paying Louisiana income tax and they find out they're going to hit you with an assessment claiming you haven't abandoned the domecile in Louisiana.
That's 100% fact.
Posted on 7/19/21 at 4:04 pm to Mingo Was His NameO
quote:
You own a house in louisiana and move to Texas but don't sell the house in Louisiana for whatever reason. You then buy another house in Texas but keep your Louisiana ID with the old houses address. If for whatever reason you aren't paying Louisiana income tax and they find out they're going to hit you with an assessment claiming you haven't abandoned the domecile in Louisiana.
Man, that sure is a lot of words for supposedly not caring.
So, you know 2 or 3 people that did this (damn epidemic numbers right there)? You know for a fact they didn't get a TX DL?
Posted on 7/19/21 at 4:05 pm to WDE24
quote:
it’s not 100% fact and a pretty easy fact scenario to prove a new domicile
Not the same thing as abandoning the old one.
This post was edited on 7/19/21 at 4:09 pm
Posted on 7/19/21 at 4:05 pm to Mingo Was His NameO
quote:
Whats your tax case law experience in Louisiana
Well 13 years later and have never heard a peep from Louisiana. Not saying I still have my Louisiana ID. I changed it eventually.
Now, they did get me for a fine when I didn't immediately turn in my Louisiana license plate, stating that I didn't have insurance even though I did have it in Texas. I just had to show them proof of insurance for them to throw out the fine.
Posted on 7/19/21 at 4:08 pm to noonan
quote:
Well 13 years later and have never heard a peep from Louisiana
Again, not against the rules and not caught aren't equivalent.
Posted on 7/19/21 at 4:10 pm to Mingo Was His NameO
quote:It takes more than just a license and real estate ownership to show intent to remain domiciled. It sounds like you are boiling a more complex fact scenario you read about to simply a drivers’ license change.
Not the same thing of abandoning the old one.
Posted on 7/19/21 at 4:11 pm to Mingo Was His NameO
quote:Can you cite the a La rule? La is weird, so maybe they only look to state of ID a defacto domicile.
against the rules
Posted on 7/19/21 at 4:12 pm to Mingo Was His NameO
quote:
In Louisiana, specifically you are credited for tax paid to other states. Since Texas is a no income tax state, if you are determined to be a Louisiana resident all of your income will be subject to Louisiana income tax. I believe off of the top of my head, it's schedule G, that will reconcile taxes paid to other states to your Louisiana liability.
Damn, a rare moment where Mingo drops knowledge and puts his dick on the table.
Posted on 7/19/21 at 4:13 pm to Mingo Was His NameO
quote:
Many of you are conflating didn't get caught with wasn't against the rules. They aren't the same thing.
My CPA said it was perfectly legal as long as I legit lived in Tx and could prove it if asked. Apparently having a lease satisfied him enough to sign off on my taxes.
This post was edited on 7/19/21 at 4:20 pm
Posted on 7/19/21 at 4:15 pm to StealthCalais11
quote:
puts his dick on the table.
After standing on a chair.
Posted on 7/19/21 at 4:15 pm to WDE24
quote:
so maybe they only look to state of ID a defacto domicile.
They don't, but the discussion is about that in particular. If you are keeping your Louisiana ID when moving theres an assumption you still have a relationship with that address. You aren't going to sell your house to some random person and not update your address.
The burden of proof is with the tax payer to abandon the Louisiana residency and establish domecile in a new state. Simply establishing domecile in the new state is not enough to rid yourself of Louisiana income taxes.
Posted on 7/19/21 at 4:17 pm to Mingo Was His NameO
quote:Neither is simply changing your drivers’ license.
Simply establishing domecile in the new state is not enough to rid yourself of Louisiana income taxes.
Buying a house in Texas, working there, paying utilities, kids attending school are all much greater pieces of evidence than running down to the dmv for a laminated picture.
Posted on 7/19/21 at 4:18 pm to billjamin
quote:
My CPA said it was perfectly legal as long as I legit lived in Tx and could prove it if asked. Apparently having a lease satisficed him enough to sign off on my taxes.
Do you still have a residence in LA and does your wife or someone live there?
Id say it's an aggressive position even if no one is now living there either way.
Posted on 7/19/21 at 4:18 pm to Mingo Was His NameO
So if I move back to Louisiana and keep my Texas ID I don't have to pay state income tax in Louisiana?
You can put whatever address you want on an ID. I just went through this with my 2019 taxes. I had a dependant that the irs was questioning. I offered their ID as proof of residency and they said that is not a valid for of residency.
You can put whatever address you want on an ID. I just went through this with my 2019 taxes. I had a dependant that the irs was questioning. I offered their ID as proof of residency and they said that is not a valid for of residency.
This post was edited on 7/19/21 at 4:21 pm
Posted on 7/19/21 at 4:19 pm to WDE24
quote:
Neither is simply changing your drivers’ license.
Buying a house in Texas, working there, paying utilities, kids attending school are all much greater pieces of evidence than running down to the dmv for a laminated picture.
Completely different conversation and irrelevant to the topic at hand.
Posted on 7/19/21 at 4:19 pm to noonan
quote:
So if I move back to Louisiana and keep my Texas ID I don't have to pay state income tax in Louisiana?
No because Louisiana taxes income earned in the state no matter the permanent residence of the earner.
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