# Non Taxable Non Resident Georgia State



## cagster (Feb 25, 2016)

Our tax accountants completed our Georgia state tax return and set our status as resident. We have been out of the country for four years, resident in France, qualified with the IRS for FEIE and FTC. We had a house in Georgia, which we sold after a couple of years in France and our mail goes to a relative in GA. We possibly expect to return. Do we have an argument to file as a non taxable, non-resident for state taxes during the years we have been in France?

Thank you!


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## Bevdeforges (Nov 16, 2007)

It depends a little bit on the state laws on residence, but generally speaking, using a family member's address shouldn't make you resident there. (Even owning property in the state shouldn't make you resident in and of itself.)

When you say you "possibly expect to return" - would you return to Georgia specifically, or is it possible you'd return to another state in the US? In any event, I would question the accountant's decision to file state taxes while you're clearly resident in France.
Cheers,
Bev


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## ForeignBody (Oct 20, 2011)

cagster said:


> Our tax accountants completed our Georgia state tax return and set our status as resident. We have been out of the country for four years, resident in France, qualified with the IRS for FEIE and FTC. We had a house in Georgia, which we sold after a couple of years in France and our mail goes to a relative in GA. We possibly expect to return. Do we have an argument to file as a non taxable, non-resident for state taxes during the years we have been in France?
> 
> Thank you!


When we moved from GA to the UK, several years ago ( we are now back!) state taxes stopped. It may have changed since then, but I would definitley question your accountant about it.


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## cagster (Feb 25, 2016)

Thank you both!

Bevdeforges: we have been told that out next posting is in California if and when we decide to move back. Our contract in France is open ended, not fixed term, so I am not sure when we expect to return to the U.S. Neither my husband nor I are from GA, we lived there for ten years before moving to France.


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## BBCWatcher (Dec 28, 2012)

Yes, I agree, question the accountant.

If you're "tax equalized" the end financial result to you probably won't change. Your employer might be slightly happier, and the State of Georgia will be slightly less happy.


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## cagster (Feb 25, 2016)

Thanks BBCWatcher. 

The US side of our company has been withholding employee state and federal taxes for the last four years. We should have questioned the tax preparer in the beginning, but we thought they knew best about the state filings.


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## Bevdeforges (Nov 16, 2007)

Just for reference, the "usual" sequence of events is that in the year you move overseas, you file a state return for the state you left just as if you had moved to another state. (Some states have to file two returns - a Resident return for the time up until you moved, and an NR return for your move date to the end of the year.) From that point on, you don't file with them anymore. 

Generally speaking, simply owning property in the state does not make you resident there. (Even for California, which is often cited as one of the more "difficult" states to leave tax-wise.)
Cheers,
Bev


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## cagster (Feb 25, 2016)

I just spoke with the ga tax office and we will need to file a 500x form to amend the returns already filed and reclaim our withheld taxes. I asked about burden of proof, but was
told we just need to supply our Fed returns. I guess if they audit or dispute we can provide the info then. Just wish I had found this site earlier! Thanks for all your help!


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