Legal Question in Tax Law in California

I'm not sure if I'm asking the right kind of attorney but my situation is: I got divorced in California in July 2009 (After 2 years of legal separation). I have been working on a contract in Alaska for the past 5 years and only visit CA to visit my 17 year and 21 year old children for 2 weeks every 2 months. We frequently travel out of state/country during those short periods. I currently have no legal home as my ex got it in the divorce.

Can I legally claim Alaska as a residence as I spend more time in AK than CA? Can I claim another state for income tax purposes. (I have property in NM where I've paid property taxes for many years) I do not wish to continue to pay CA State tax if I am not legally bound to since I spend little time there and no longer have a residence there. Appreciate your input or direction where to guide this question to. Thank you


Asked on 9/09/09, 10:05 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Court decisions have held that a residence is the place where you intend to live in the foreseeable future. (I was once a plaintiff in a published case in NY that reached that conclusion.) As you have significant ties to Alaska -- you probably have an AK driver's license, utilities, get your paycheck there, and might even vote in that state -- you certainly would seem to have significant factors that qualify you as an AK resident.

I suggest that you speak with a tax advisor about the tax consequences of AK residency, rather than CA residence. It sounds like AK would be beneficial, since there's no state income tax, and residents receive royalties each year from Big Oil.

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Answered on 9/10/09, 3:45 pm


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