Working in Louisiana but Texas resident...sort of...

[RIG78]

Let me clarify (just from my most recent transition)... I think I may have to stand corrected for the way I stated my last post. <--- quite possible

I took job here in TX as of Nov '11. New company in TX pays me. However, my residency was still in La. It was to my benefit to establish an address in TX, as there is no state income tax to take from my income. But, because my employer is a TX company paying me for work in TX, I still have proof of income earned as a TX employee. Residency is "defined" as the location of your primary home. Now, if said company REQUIRES him to provide an address locally where he's employed, he'll have to do so per company policy. In the OP's case, it'll be harder for him to prove he did NOT earn his money in La because said employer is a La employer paying him for working in La. Bobby Jindal's state revenue squad can certainly audit him if he did not... because of La wants that $$$, REGARDLESS of where he says his residency is. That's why (in my previous post) I said it doesn't matter (IMO) where he stated his primary residence was.

*edit*

Disclaimer: I am in no way offering official tax advice, as I am NOT any sort of tax advisor by ANY definition. The above, and any previous account or testimony, is strictly that of my own experience. Consult with a certified tax accountant or advisor regarding tax related questions/concerns for final determination.

[Keith B]

My nephew has just the opposite situation. His residence is in Missouri, but his job is on a research vessel in the Gulf. He is based in Texas, so gets paid from there. Texas has no state income tax, but because his domicile is in Missouri he has to pay income tax there. I believe if he was paid from a state where they did have state income tax, he would be allowed the difference between the state of residence and that state he worked in on the amount, but you would still pay whatever is the higher income tax rate total.

That isn't how I handled it when I moved to Texas.

I lived in a hotel for 7 months and worked here. Still owned a home in Ohio where wife and kids lived. Was irritated that I would have to pay the Ohio 6% income tax.

The tax attorney at my company is the one who told me I could declare Texas residency for tax purposes. He told me if Ohio challenged it, that it was well established that "residency followed the job". I earned no money in Ohio. I was in Texas at least 5 days a week that entire time.

I understand the points that people are making about living near a state border and commuting across state lines. That is a different scenario.

I have no reason to doubt our corporate tax guy. We operate in 27 countries plus many states and he is responsible for managing our tax filings in all jurisdictions.

Yeah, if you live here, but then you forfeit your claim to Ohio residency. My nephew's issue is he live on the ship, and is very rarely in Texas. Half of the time they even go out of port from Louisianna. And his wife and kid still live in MO, so they are residents there.

Bottom line, you can only declare residency in one place, that is where they will get you for your taxes. And, even if you live in Texas, but work in LA for instance, you will still pay LA income tax.