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Old 07-07-2018, 06:40 PM
 
Location: The edge of the world and all of Western civilization
960 posts, read 949,397 times
Reputation: 1562

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Quote:
Originally Posted by Social Democrat View Post
Repped!

Thank you. I worked in the legal industry before here, and so much of what came through shows that in the end they all turn into blubbering babies begging for mercy (think of how arrogant Martin Shkreli was... until he realized that he was going to have to pay for his fraud, then the tears flowed freely). Somehow they think they're so special the court will be moved and let them off the hook. First, when the OP wants to present that entitled argument, the lawyer would tell him to keep his mouth shut and let him do the talking to try to mitigate the sentencing (possibly fine reduction and removal of prison time). Second, judges usually roll their eyes because they've heard it all before. Best case scenario with a good attorney, the OP would pay all back taxes, court costs and attorney fees, though I imagine there would also be at least a reduced fine on top of it. What the OP is claiming to do is actually pretty easy for the state to spot, especially if it's habitual.
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Old 07-07-2018, 07:09 PM
 
Location: Paranoid State
13,047 posts, read 11,094,790 times
Reputation: 15736
Quote:
Originally Posted by (901) View Post
Me neither. I've been told I would have to pay a state income tax. Doesn't make sense to me If $ didn't come from here
When it comes to our system of income taxation, logic isn't a big part. It is a combination of both (a) location of the source of income (TN in your example), and (b) where you have established residency for income tax purposes.

I believe the rule is in order for you to establish residency of Tennessee for income tax purposes you must live in Tennessee for at least 6 months plus 1 day. Then, you can spend at most 6 months minus 1 day in California. In that scenario, your income is sourced in TN. Life is good.

However, if you spend more than 6 months in CA, you've established yourself as a resident of California for income tax purposes, and you will need to file a CA form 540 and pay your income tax obligation.

Now, let's reverse things. Let's say your source of income is in California, and you spend at least 6 months plus 1 day in TN. In that case, you've established residency in TN. However, you have CA sourced income. You would then need to file a CA form 540-NR (non-resident) and you would have an income tax obligation in CA.

There are some specialized rules. For example, if you are flying from, say, TN to Singapore, and you change planes in San Francisco on the same day, that doesn't count for residency purposes. However, if your flight from San Francisco to Singapore departs after 12:01 am, then that is a day counted for residency purposes.

Some people think they can cheat. That is, they establish residency in a low- or no-income tax state, but then on the sly they spend at least 6 months plus 1 day in CA. The CA Franchise Tax Board is very good at sniffing this out. Once they decide you're a resident for income tax purposes, the burden is on you to prove otherwise.
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Old 07-07-2018, 08:16 PM
 
Location: Memphis, Tn ~ U.S.A.
2,002 posts, read 4,354,766 times
Reputation: 1416
Quote:
Originally Posted by Social Democrat View Post
For real? I'm not giving you credit for being disingenuous; you are knowingly avoiding the CA tax you owe based on your income and are a California resident.
See this: https://www.ftb.ca.gov/individuals/fileRtn/index.shtml
Is your accountant aware of your subterfuge? You get away with non payment of your CA income tax because apparently your accountant doesn't report the income to CA.
I guess some of the posters are ok with someone bragging about how they are beating "the man" (CA) so you be cool with that crowd.
Go live in TN if you don't want to pay income tax.

Thank You. Maybe my friend who was trying to warn me isn't as stupid as he looks



Quote:
Originally Posted by dvxhd View Post
And because the OP lives here, under §19706 of the Revenue and Taxation Code, we could be paying that deadbeat's rent for a year... albeit in prison. Of course, he'd have to pay up to $20,000 to the state:



"Any person or any officer or employee of any corporation who, within the time required by or under the provisions of this part, willfully fails to file any return or to supply any information with intent to evade any tax imposed by Part 10 (commencing with Section 17001) or Part 11 (commencing with Section 23001), or who, willfully and with like intent, makes, renders, signs, or verifies any false or fraudulent return or statement or supplies any false or fraudulent information, is punishable by imprisonment in the county jail not to exceed one year, or in the state prison, or by fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, at the discretion of the court, together with the costs of investigation and prosecution."


http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=RTC&division=2.&ti tle=&part=10.2.&chapter=9.&article=


I have a funny feeling he wouldn't be so cocky before the judge, and tax evasion is pretty easy for the state to figure out. Hopefully he gets assigned one with more clemency, because if I were a judge I'd put Isaac Parker to shame.
Not trying to sound cocky, but a 1 year sentence (that will never happen) and/or a $20k fine doesn't sound very serious to me

Quote:
Originally Posted by Social Democrat View Post
Repped!
I would appreciate it. I want one of those golden doohickeys
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Old 07-07-2018, 08:25 PM
 
Location: The edge of the world and all of Western civilization
960 posts, read 949,397 times
Reputation: 1562
Quote:
Originally Posted by (901) View Post
Thank You. Maybe my friend who was trying to warn me isn't as stupid as he looks

Not trying to sound cocky, but a 1 year sentence (that will never happen) and/or a $20k fine doesn't sound very serious to me

I would appreciate it. I want one of those golden doohickeys

Okay. Push your luck and let us know what happens, but I would keep an eye out for relevant attorneys if you want to avoid a sentence. Or just tell the court you feel you can use California services without paying for them because you don't want to. I'm sure the judge will be understanding. I did work in tax law in part, and people who evaded more smartly than you were still caught. Like I stated: blubbering babies, and in court you would be no exception when something that doesn't sound very serious to you now becomes an imminent reality.
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Old 07-07-2018, 10:05 PM
 
Location: Memphis, Tn ~ U.S.A.
2,002 posts, read 4,354,766 times
Reputation: 1416
Quote:
Originally Posted by dvxhd View Post
Okay. Push your luck and let us know what happens, but I would keep an eye out for relevant attorneys if you want to avoid a sentence. Or just tell the court you feel you can use California services without paying for them because you don't want to. I'm sure the judge will be understanding. I did work in tax law in part, and people who evaded more smartly than you were still caught. Like I stated: blubbering babies, and in court you would be no exception when something that doesn't sound very serious to you now becomes an imminent reality.

I still have my Tenn home and all the bills that come with it. I live in vacation rental homes and use rental cars in Los Angeles so who's to say that I'm not on vacation for 6 months at a time?

I really do appreciate your input. Not trying to be a d--k
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Old 07-07-2018, 11:34 PM
 
Location: In the heights
24,659 posts, read 25,388,716 times
Reputation: 13138
Quote:
Originally Posted by (901) View Post
Wasn't aware of that. My main concern is state income tax. TN doesn't have that
You're making money in a deadbeat state, so I guess you're just all about selective leaching. Cool, man!
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Old 07-07-2018, 11:54 PM
 
Location: Memphis, Tn ~ U.S.A.
2,002 posts, read 4,354,766 times
Reputation: 1416
Quote:
Originally Posted by OyCrumbler View Post
You're making money in a deadbeat state, so I guess you're just all about selective leaching. Cool, man!
California calling Tennessee a deadbeat state is pretty comical. You obviously are not aware but Tennessee has a 4 billion dollar state surplus, meanwhile California is drowning in it due to corruption but you're trying to tell me I'm unfit?!
The irony is ironic
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Old 07-08-2018, 12:00 AM
 
Location: Memphis, Tn ~ U.S.A.
2,002 posts, read 4,354,766 times
Reputation: 1416
Quote:
Originally Posted by SportyandMisty View Post
When it comes to our system of income taxation, logic isn't a big part. It is a combination of both (a) location of the source of income (TN in your example), and (b) where you have established residency for income tax purposes.

I believe the rule is in order for you to establish residency of Tennessee for income tax purposes you must live in Tennessee for at least 6 months plus 1 day. Then, you can spend at most 6 months minus 1 day in California. In that scenario, your income is sourced in TN. Life is good.

However, if you spend more than 6 months in CA, you've established yourself as a resident of California for income tax purposes, and you will need to file a CA form 540 and pay your income tax obligation.

Now, let's reverse things. Let's say your source of income is in California, and you spend at least 6 months plus 1 day in TN. In that case, you've established residency in TN. However, you have CA sourced income. You would then need to file a CA form 540-NR (non-resident) and you would have an income tax obligation in CA.

There are some specialized rules. For example, if you are flying from, say, TN to Singapore, and you change planes in San Francisco on the same day, that doesn't count for residency purposes. However, if your flight from San Francisco to Singapore departs after 12:01 am, then that is a day counted for residency purposes.

Some people think they can cheat. That is, they establish residency in a low- or no-income tax state, but then on the sly they spend at least 6 months plus 1 day in CA. The CA Franchise Tax Board is very good at sniffing this out. Once they decide you're a resident for income tax purposes, the burden is on you to prove otherwise.
Thank You! I over looked your response earler. Sounds like you actually know what your talking about. Guess I need to start counting my days
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Old 07-08-2018, 12:02 AM
 
Location: Prepperland
14,378 posts, read 10,394,658 times
Reputation: 10760
Quote:
Originally Posted by Exitus Acta Probat View Post
Declare yourself to be a "sovereign citizen" like all those people in various Youtube videos.
There is no such thing as a sovereign citizen. That's an oxymoron.
Citizens are subjects, by definition. Sovereigns are never citizens.
However, no government instituted to secure endowed rights can tax them.
All taxes are limited to government privileges.
That most Americans don't know how and when they consented to be governed, and converted their rights into privileges is another topic.
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Old 07-08-2018, 07:43 AM
 
20,140 posts, read 22,407,926 times
Reputation: 30496
Quote:
Originally Posted by (901) View Post
Wasn't aware of that. My main concern is state income tax. TN doesn't have that
As long as you’re not working in Ca you won’t pay income taxes for Ca. You’re still being taxed on goods or services you use in Ca. I’ve worked in other states and had to claim income and pay income taxes to that state. Really doesn’t matter. I just pay whatever I may owe and move on.
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