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Topic: Filing MA State Tax?  (Read 2645 times)

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Filing MA State Tax?
« on: June 29, 2015, 11:12:57 AM »
Done a quick google but can't seem to get one solid answer, seems to be a bit mixed on the answers [some saying I need to file, others saying I don't].

Has filed [or not needed to file] MA state tax? I have nothing to claim or report, so I wouldn't think I'd need to file - especially as it costs $30 with the program I was using and don't want to pay that for nothing [knowing I get nothing back in taxes].

Any advice you can give would be most appreciated as I am absolute RUBBISH with filing the taxes - it's my first full year having no US Income to file for neither Federal or State. Had enough problems getting through my federal so if i can avoid a bit of a headache, I'm all for it! :)
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
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'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #1 on: June 29, 2015, 01:19:50 PM »
Were you a MA resident for all or part year last year ?

If you don't live in MA and don't own real estate there you may be non-resident in which case I don't think you file a return:

http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/residency-status.html#Residency


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Re: Filing MA State Tax?
« Reply #2 on: June 29, 2015, 02:03:28 PM »
Were you a MA resident for all or part year last year ?

If you don't live in MA and don't own real estate there you may be non-resident in which case I don't think you file a return:

http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/residency-status.html#Residency

I was only there at christmas for holiday, that was it. I don't own any property or anything but I do have a MA driving license that is still active and tied to my parents home address. We got a few mixed reviews on whether or not I was legally obliged to file my state taxes.

Thank you so much for the reply, I will read through the link you sent :) I had the same feeling about not being a resident, but I wasn't sure if my license made things more complicated or the fact that I wasn't filing in ANY state.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #3 on: June 30, 2015, 05:10:38 PM »
Being linked to a US address has nothing to do with your residency status. You will require a US address, live there or not, in order to maintain financial accounts and keep your driving license, it is also required to determine your voting rights as a citizen. Also understand the difference between "domicile" and "residence".

I don't think it's possible to fully make use of your rights as a US citizen without having a US address. You do not have to live at this address, it can be the address of your next of kin or a paid for mailbox.


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Re: Filing MA State Tax?
« Reply #4 on: June 30, 2015, 05:18:10 PM »
Being linked to a US address has nothing to do with your residency status. You will require a US address, live there or not, in order to maintain financial accounts and keep your driving license, it is also required to determine your voting rights as a citizen. Also understand the difference between "domicile" and "residence".

I don't think it's possible to fully make use of your rights as a US citizen without having a US address. You do not have to live at this address, it can be the address of your next of kin or a paid for mailbox.

Correct - I understand this bit [I use my immediate family's address when required]. But I was not user if, because I'm a legal citizen, etc., am I then required to file state tax for my last known US address [which would be MA]. As stated, 50% of my findings said "yes" and the other 50% said "no".

While I understand my income is foreign earned so can be excluded, I wasn't sure if filing was still mandatory as MA is my home state in the US [I.E. I HAVE to file federal tax, even though it's 100% foreign earned and therefore excluded]
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #5 on: June 30, 2015, 05:27:50 PM »
Generally if you live outside the US you have no state tax reporting obligations. I think only some states like California? still want you to file. Looking at MA it seems like fairly standard residency requirements, i.e. no need to file state return if you live and work outside the state during the tax year.


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Re: Filing MA State Tax?
« Reply #6 on: June 30, 2015, 05:31:45 PM »
Generally if you live outside the US you have no state tax reporting obligations. I think only some states like California? still want you to file. Looking at MA it seems like fairly standard residency requirements, i.e. no need to file state return if you live and work outside the state during the tax year.

Thanks Robert! That's what my thought process was but this is my first time being outside the state for an entire year and was really nervous to get in trouble if I didn't file.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #7 on: July 01, 2015, 08:13:14 AM »
Generally if you live outside the US you have no state tax reporting obligations. I think only some states like California? still want you to file. Looking at MA it seems like fairly standard residency requirements, i.e. no need to file state return if you live and work outside the state during the tax year.

Not quite; there are four states (California, Virginia, South Carolina, New Mexico) that require you, the tax payer, to prove that you have changed your domicile (which is not the same as residency), have no ties to the state, and never intend to return. I had to do that for Virginia, and it's an onerous process.

These states can come after your worldwide income - so it's a minefield.

Massachusetts is a so-called 'neutral state', but be aware that keeping a MA driving license may trigger questions. Also make sure that said driving license is actually legal since you are not resident in MA. Some states don't care, some specifically state that a license may only be issued to a legal resident of the state. Using parents' address may be OK in MA, but I would check to be sure.
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
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Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: Filing MA State Tax?
« Reply #8 on: July 01, 2015, 09:42:58 AM »

These states can come after your worldwide income - so it's a minefield.

Massachusetts is a so-called 'neutral state', but be aware that keeping a MA driving license may trigger questions. Also make sure that said driving license is actually legal since you are not resident in MA. Some states don't care, some specifically state that a license may only be issued to a legal resident of the state. Using parents' address may be OK in MA, but I would check to be sure.

That was my fear!  Thanks for the feedback - very much appreciated! I will look into that and check with the DMV to see if my license is still technically valid [It expires the end of this year and I was going to renew it because I happen to be in the US when it expires anyways this year visiting so thought I would just in case we move back there - I didn't want to have to resit the test]
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #9 on: July 01, 2015, 12:52:53 PM »
Yeah, I knew there were some other states like California that had some really stupid rules about tax residency but luckily I never lived in any of them.

I would be surprised if it were illegal for you to hold on to your US driving license. How are nomads, people living on boats and in RV's meant to keep and renew there driving licenses ? I would not give up on a US licence for fear of the tax man.  I don't think any expat I ever met has. In the US a driving license is the most important document you can carry, I've come across organizations that tend to prefer it over a US passport.

As an expat living 99% of my life outside the US I can only recommend that you do not destroy all the links you have to the US. Doing so would cause you a lot of bureaucratic pain if you ever return.


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Re: Filing MA State Tax?
« Reply #10 on: July 01, 2015, 01:10:54 PM »
As an expat living 99% of my life outside the US I can only recommend that you do not destroy all the links you have to the US. Doing so would cause you a lot of bureaucratic pain if you ever return.

The exact reason why I don't want to give up my MA Driving License [and haven't yet].  ;)
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #11 on: July 01, 2015, 01:44:20 PM »
This section of the RMV manual is talking about getting your first license but does make it sound like you should be a "resident".  But doesn't explain what "residence" means in this case.   :-\\\\

www.massrmv.com/rmv/dmanual/chapter_1.pdf

"Massachusetts Driver's License Limited to Massachusetts Residents
If your privilege to drive on your valid foreign license has expired because more than one year has elapsed since your last date of arrival in this country, or if you are visiting for business or pleasure and are trying to acquire your first driver's license, your ability to obtain a Massachusetts driver's license is limited. Massachusetts law does not authorize driver's licenses to be issued for the convenience of business persons or tourists from other countries. To obtain a license, you must meet all the requirements for a driver's license under the law, including the requirement that you be a resident of Massachusetts."

Are you registered to vote at your parents' address?  That may do the trick.
« Last Edit: July 01, 2015, 01:46:04 PM by BostonDiner »
>^.^<
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Re: Filing MA State Tax?
« Reply #12 on: July 01, 2015, 01:46:10 PM »
This section of the RMV manual is talking about getting your first license but does make it sound like you should be a "resident".  But doesn't explain what "residence" means in this case.   :-\\\\

www.massrmv.com/rmv/dmanual/chapter_1.pdf

"Massachusetts Driver's License Limited to Massachusetts Residents
If your privilege to drive on your valid foreign license has expired because more than one year has elapsed since your last date of arrival in this country, or if you are visiting for business or pleasure and are trying to acquire your first driver's license, your ability to obtain a Massachusetts driver's license is limited. Massachusetts law does not authorize driver's licenses to be issued for the convenience of business persons or tourists from other countries. To obtain a license, you must meet all the requirements for a driver's license under the law, including the requirement that you be a resident of Massachusetts."

Thank you thank you! :)
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: Filing MA State Tax?
« Reply #13 on: July 02, 2015, 04:08:49 PM »
States have differing rules/laws as I initially said. In Virginia, you are required by law to report ANY change of address within 30 days. If you are using a VA license with a non-valid address, VA considers that 'driving without a license' which is a misdemeanor.

If you report a change of address, and said new address is not in Virginia, then you are no longer eligible to hold a VA license under state law. Again, other states can and do have different views on this. Some of these laws came into effect after 9/11, and rightly so. Some have been on the books a long time  - even before the modern computer age - because some folk who had a bad driving record in State A, used an address in State B to get another license. The bottom line is, IMHO, we have a legal and moral obligation to make sure we conform to state law.

As for cutting ties, individual comfort levels will vary. I am an OAP, and doubt I will lever return to the US. If I did, I still have a Social Security number, and actually have a bank account and some IRAs. Moving back would pose not more problems for me than moving across the country. Again, your comfort level may vary.

I am not from Virginia, and only lived/worked there for 11 years. No way did I want to be tied to the Commonwealth for the rest of my natural life. The UK is my home, not the US and certainly not VA.

Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: Filing MA State Tax?
« Reply #14 on: July 02, 2015, 04:26:00 PM »
States have differing rules/laws as I initially said. In Virginia, you are required by law to report ANY change of address within 30 days. If you are using a VA license with a non-valid address, VA considers that 'driving without a license' which is a misdemeanor.

If you report a change of address, and said new address is not in Virginia, then you are no longer eligible to hold a VA license under state law. Again, other states can and do have different views on this. Some of these laws came into effect after 9/11, and rightly so. Some have been on the books a long time  - even before the modern computer age - because some folk who had a bad driving record in State A, used an address in State B to get another license. The bottom line is, IMHO, we have a legal and moral obligation to make sure we conform to state law.

As for cutting ties, individual comfort levels will vary. I am an OAP, and doubt I will lever return to the US. If I did, I still have a Social Security number, and actually have a bank account and some IRAs. Moving back would pose not more problems for me than moving across the country. Again, your comfort level may vary.

I am not from Virginia, and only lived/worked there for 11 years. No way did I want to be tied to the Commonwealth for the rest of my natural life. The UK is my home, not the US and certainly not VA.

I don't think the same applies in MA as far as licensing goes but I guess I will need to do more digging. While the UK is my home, my immediate family is in the US as are my close friends, so I cannot say in the future [if/when we have children/etc.] due to changes in circumstances, that I will not want to go back to the US. I know for sure I do not want to lose my driving privileges there and have to resit another exam/driving test and they do often prefer driving license to passport in many occasions so not entirely comfortable losing my driving license if I can help it- however if it's the difference between filing state taxes or not, I may need to think about it further...

Thanks!
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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