Can a taxing state legally tax the income of someone living in a non-income taxing state?

I invested in a LLC in state A in 1981 when I lived there. The manager for the LLc is still headquartered in state A. I haven't lived there for 24 years. State A is bugging me to pay their state taxes not only on the small income generated by the LLC, less than 200$ annually, but also requires me to pay a percentage of my adjusted gross income of my federal tax obligation. I don't mind paying the former, but don't agree with paying the latter. Can state A put a lien on my home or fine me or get me in jail, etc........?

Best Answer

Oldman answered a question in Tax Issues.
2775 points

Oldman answered one year ago …

my answer to the question you raise is based upon personal experience with some Western states' energy trusts; Yes, if you hold the securities/note/loan/bond; i.e., the income generating rights, they can and will tax you, regardless of your domicile/residency. Whether they can collect it or not depends on your current domicile's "Reciprocity" arrangements: i.e., if your state has agreed to share tax info and collections with one or more other tax authorities. Secondly, once a taxing authority bases its charges on a percentage of U.S. federal AGI or tax liability, then that is their "basis" for revenue actions.

The only benefit I can see in resolving this issue, is divestiture, payment of the other state's tax (and being able to deduct that on your federal return in addition to any current local income taxes) and/or paying a tax professional who is knowledgable to try to figure a way out of the mess.

My own solution was to divest and ignore the tax payment request, because the securities were in an IRA, which by the laws of the state I was living in at the time, and the Federal code, could not be taxed at the recipient level (In other words, the states trying to claim the tax needed to get it from the payer, not the payee.)

Read more from Oldman



Answers

CUWu answered a question in Tax Issues.
957 points

CUWu answered one year ago …

I'm not an accountant but I believe you do owe the taxes on the LLC - all income from the LLC passes right through to the shareholders. The LLC is a legal entity in and of itself and essentially "resides" in State A. I'm not quite clear on the percentage of your adjusted gross income, however.

Are you saying that they try to take a chunk of your income from OTHER sources as well? That doesn't sound right to me.

I'm not sure if they'd go as far as to put a lien against your property but it could possibly affect your credit.

I hope somebody else has more info - sorry.

Read more from CUWu