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State taxes on a Re-Entry Permit

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  • State taxes on a Re-Entry Permit

    Hi Everyone!

    Can someone please let me know if I need to file CA state taxes if I am on a re-entry permit?

    I got my green card last year, 2011 (DV lottery). I have since been 3 times to the US for a few days (activate green card, file for re-entry permit and go for biometrics). I have received my re-entry permit valid as of January 2012.

    I am now about to file my US federal taxes. These are not easy to get through but with the "foreign earned income credit" or something like this, my US federal tax liability is zero. Note that I have not worked a day in the US and my address in the US is in California.

    My question is this: do I need to also file California state taxes besides the federal tax return? I have not worked in CA and I have spent there just a few days last year.

    Thank you for your help!
    CN: 2011EU00020XXX
    10 November 2009: Played lottery (for about the 10th time!)
    1 July 2010: Found out I won online
    3 August 2010: Sent documents to KCC
    16 August 2010: Received email from KCC with my number
    2NL received: Received
    Interview: 15 March - successful
    Activated green card - April, POE NY JFK

  • #2
    As a green card holder (with or without a reentry permit) you are a resident of a state or US territory (Puerto Rico, Virgin Islands, etc.) and must comply with the tax laws of your state or territory of residence, which for you is California.

    That might include filing state taxes for non-US income. You'll have to consult a tax accountant and/or do your own research to find out. Each state has its own different tax rules. The California tax authorities probably have a web site where you can download some of the laws and forms.

    Try not to work abroad too much longer, especially if it's a non-US company. Working abroad for long periods for a non-US company can cause you to lose your green card, even if you have a reentry permit.

    EB3 ROW I-485 Approved: July 2007
    USC: July 2013
    I am a layman, not a lawyer. What I write here is not official or professional legal advice. In addition, my answers on this forum are specific to the scenarios discussed in each thread and should not be generalized to other situations.

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