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mokerr
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Posted: 4/18/2012 10:07:31 PM
[Last Edit: 4/18/2012 10:09:30 PM by mokerr]

THE IMAGE ABOVE IS A PAID ADVERTISEMENT
Hey all, I had a question regarding a state claiming you're a resident and trying to take income taxes from you. I was an active duty military member stationed in California from 2005-2009, however I was still a resident of Texas the entire time. I did have an apartment during the time I was there and was thinking they somehow got all of my information from that and claimed I was a resident? I have absolutely zero idea why California thinks I was ever a resident of their state and how they can possibly just take money out of my account one day(a little over 400 bucks, which is a big deal to a broke student on the GI Bill).

The thing is, I thought this had all been cleared up because I called when I first started getting notices, the person on the phone assured me it was all cleared up but I have no proof of this. Obviously I'm going to call the tax board in CA tomorrow and see what I can do. Any advice? How the hell is it legal to basically steal someone's money?

I'm thinking they believe I'm a resident either because my apartment lease somehow OR the fact that I had to get some sort of # from their DMV identifying me in some court documents after my license got suspended(not trying to hide any thing from you all, it was a DUI). However I never changed residence and it always showed my Home of Record in Texas being my address.

If this is the wrong forum, I apologize. I put this here because the legal discussion forum seemed mostly about firearms. If I am incorrect and a mod could move this I would be most grateful. Thank you for your help.
SharpCharge
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Posted: 4/18/2012 11:07:22 PM
[Last Edit: 4/18/2012 11:09:12 PM by SharpCharge]
They can't.... Call them tomorrow, record names and dates and times. Then contact a lawyer if necessary. Also, notify your bank and ask for a new account. I'm not sure how they got your acct number.


ETA: You are back in TX now right?
mokerr
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Posted: 4/18/2012 11:16:51 PM
[Last Edit: 4/18/2012 11:17:23 PM by mokerr]
Originally Posted By SharpCharge:
They can't.... Call them tomorrow, record names and dates and times. Then contact a lawyer if necessary. Also, notify your bank and ask for a new account. I'm not sure how they got your acct number.


ETA: You are back in TX now right?


They have all the money I "owe" them on hold right now, which is a little over 400 bucks. They already straight up took $100 of it. I asked the CU(Navy Federal) I use and they said it was legal and couldn't do anything. I am back in Texas, have been going to school for nearly 3 years now(got out of Cali in 2009). It isn't worth paying for a lawyer, and I get the sinking feeling I'll never see this money again but I suppose I'll see when I call them up tomorrow.
SharpCharge
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Posted: 4/18/2012 11:30:22 PM

Originally Posted By mokerr:
Originally Posted By SharpCharge:
They can't.... Call them tomorrow, record names and dates and times. Then contact a lawyer if necessary. Also, notify your bank and ask for a new account. I'm not sure how they got your acct number.


ETA: You are back in TX now right?


They have all the money I "owe" them on hold right now, which is a little over 400 bucks. They already straight up took $100 of it. I asked the CU(Navy Federal) I use and they said it was legal and couldn't do anything. I am back in Texas, have been going to school for nearly 3 years now(got out of Cali in 2009). It isn't worth paying for a lawyer, and I get the sinking feeling I'll never see this money again but I suppose I'll see when I call them up tomorrow.

I've still got Navy Fed, they're pretty good. I would ask though, how they applied to garnish it, was it in writing or was it just magically debited. Cali will give your money back since they fucked up but you're going to have to stay with it. Also, look back at your taxes from that time frame and ensure VITA or who ever did them didn't list Cali as your state of residence.
mokerr
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Posted: 4/18/2012 11:35:42 PM
Originally Posted By SharpCharge:

Originally Posted By mokerr:
Originally Posted By SharpCharge:
They can't.... Call them tomorrow, record names and dates and times. Then contact a lawyer if necessary. Also, notify your bank and ask for a new account. I'm not sure how they got your acct number.


ETA: You are back in TX now right?


They have all the money I "owe" them on hold right now, which is a little over 400 bucks. They already straight up took $100 of it. I asked the CU(Navy Federal) I use and they said it was legal and couldn't do anything. I am back in Texas, have been going to school for nearly 3 years now(got out of Cali in 2009). It isn't worth paying for a lawyer, and I get the sinking feeling I'll never see this money again but I suppose I'll see when I call them up tomorrow.

I've still got Navy Fed, they're pretty good. I would ask though, how they applied to garnish it, was it in writing or was it just magically debited. Cali will give your money back since they fucked up but you're going to have to stay with it. Also, look back at your taxes from that time frame and ensure VITA or who ever did them didn't list Cali as your state of residence.


Yeah I will ask that, I figure once the state has my money it'll be all sorts of hoops to jump through. I do my taxes every year online @ H&R Block and have definitely never filed a state tax or claimed residency in another state. The problem is I was a dumb junior enlisted guy and didn't keep all of the paperwork. Thanks for your advice
mokerr
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Posted: 4/19/2012 12:21:42 PM
A friend posted this as a reply, seems I'm not the only one.

They did the same thing to me. They said I never paid state tax in 2006 to California. I found out that I owed them 1600$ when I got a notice of wage withholdings at work and they withheld my date return this year from them. I had to do everything to prove them wrong otherwise they literally would have just stole the money from me. I had to contact The California state franchise tax board, PSD San Diego, and then the DFAS people. This all happened multiple times and I also had to write a letter, multiple emails and send several faxs. I had to track down my 2006 w-2 and fax that in as well to prove I was a NY state resident that year. Each time I talked to someone on the phone I had to explain the whole story over because it was always someone new. I got my wage withholdings revoked rather quickly but they did take my state refund and apply it to the debt that I didn't have. I've been waiting on my refund refund for a month and a half now, which after several phone calls an tons of misinformation again I found out that they still haven't reprocessed it yet. It is a huge pain in the ass to say the least and the fact that all the degenerates of society work for either PSD, DFAS, or the CA tax board makes it way way worse. Have fun buddy :)
SharpCharge
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Posted: 4/19/2012 3:47:12 PM
Nice. Well, I was in Cali between 04 and 08 and luckily they haven't done anything dumb like that to me. What was the servicing PSD?
callmestick
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Posted: 4/19/2012 5:44:04 PM
California is fucking crazy when it comes to this shit. My buddy was an independant contractor for an insurance company. ALL the work he did was in Utah, he is a resident of utah and they tried to claim he owed income taxes to California.

They also try to tax me on income from my rental property which is in California while I am a Utah resident (intresting that they can tax me without representation). I'm not 100% positive on this because my tax paperwork is way beyond my paygrade but I believe Utah is trying to taxing me on that income also because they base their taxes off of your federal taxes. It's OK for now because I lose money but it's going to be a problem in the future.
Originally posted by System Message: Please use another website for your asshole-picture swapping
callmestick
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Posted: 4/19/2012 5:50:13 PM
Originally Posted By mokerr:
Originally Posted By SharpCharge:

Originally Posted By mokerr:
Originally Posted By SharpCharge:
They can't.... Call them tomorrow, record names and dates and times. Then contact a lawyer if necessary. Also, notify your bank and ask for a new account. I'm not sure how they got your acct number.


ETA: You are back in TX now right?


They have all the money I "owe" them on hold right now, which is a little over 400 bucks. They already straight up took $100 of it. I asked the CU(Navy Federal) I use and they said it was legal and couldn't do anything. I am back in Texas, have been going to school for nearly 3 years now(got out of Cali in 2009). It isn't worth paying for a lawyer, and I get the sinking feeling I'll never see this money again but I suppose I'll see when I call them up tomorrow.

I've still got Navy Fed, they're pretty good. I would ask though, how they applied to garnish it, was it in writing or was it just magically debited. Cali will give your money back since they fucked up but you're going to have to stay with it. Also, look back at your taxes from that time frame and ensure VITA or who ever did them didn't list Cali as your state of residence.


Yeah I will ask that, I figure once the state has my money it'll be all sorts of hoops to jump through. I do my taxes every year online @ H&R Block and have definitely never filed a state tax or claimed residency in another state. The problem is I was a dumb junior enlisted guy and didn't keep all of the paperwork. Thanks for your advice


I thought the same thing, they filed a new law that my property managment firm nor my accountant knew about till it was too late and forced my property manangment company to give them the money. Once I filed the paperwork though I got the return at the end of the year. I personally believe they know they can't have this money and are doing this shit so they can hold onto it until the end of the year and earn intrest on it.

Originally posted by System Message: Please use another website for your asshole-picture swapping
1IV
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Posted: 4/19/2012 6:00:17 PM
The US ends at Arizona, Utah, and Oregon...

Thanks for the heads up.

Good luck.

Greedy Sacks of Garbage.
The 2nd Amendment is not about rights. It is about CAPABILITY. It is about ensuring the capability to respond to violence, and oppression. Not with 1 round, or 10, but with the full force of indignant violence deserved at a breach of our peace.


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Posted: 4/19/2012 6:02:10 PM
Originally Posted By 1IV:
The US ends at Arizona, Utah, and Oregon...

Thanks for the heads up.

Good luck.

Greedy Sacks of Garbage.


There is a trucking company that their map of the country on the back of their trailers looks like that, they include Nevada though.

Originally posted by System Message: Please use another website for your asshole-picture swapping
mokerr
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Posted: 4/19/2012 9:36:04 PM
Hey all, thank you for the replies. Turns out I got ahold of the tax board folks today, and the deal from 2007 HAD been taken care of, then apparently they decided to charge me income tax for 2008!! So I had to do the same thing again and tell them I wasn't a resident, guy seemed to believe me and told me it would be taken care of. I asked for some sort of documentation as to the fact but he said he really couldn't do anything and that it would be noted again in my record(??) just like 2007. I was also told they weren't seeking 2009 taxes so it SHOULD be over with.

However, I found out the 100 bucks initially taken from my savings account(NFCU) was taken BY MY CREDIT UNION as a fee to process the request from the state of California. If the CU won't give me a refund for that I'm definitely raising hell where ever I can.

I'm not a huge conspiracy guy but could it be true they're trying to do this as previously mentioned to live off the interest or try to screw over people who don't notice? Seems incredibly wrong to me.
LesBaer45
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Posted: 4/21/2012 12:54:11 PM
Originally Posted By 1IV:
The US ends at Arizona, Utah, and Oregon...

Thanks for the heads up.

Good luck.

Greedy Sacks of Garbage.


And you don't think NY does this? As I understand it, they are great about taxing you for "work" or "living" in NY state/city.

I remember Rush Limbaugh getting caught up in this and having to limit his time actually in NY to like 5 days a year or something stupid.


Expect more states to pile on this. Almost all of them are desperate for "revenue" and will obtain it any way they can by any method they can.
There's nothing wrong with a little personal baggage, it's owning the whole luggage store that's the problem.
mokerr
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Posted: 4/21/2012 5:29:35 PM
[Last Edit: 4/21/2012 5:29:58 PM by mokerr]
Just an update, they actually quickly refunded my money and the processing fee Hope no one else has to deal with this crap, who knows how many theyve managed to screw over so far, especially people on deployment and the like
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Posted: 4/22/2012 2:14:34 PM
Glad you got it all fixed. Now ask Navy fed for a new account so Killafornia can't try this again next year.
74HC
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Posted: 4/27/2012 4:23:16 PM
Originally Posted By callmestick:
California is fucking crazy when it comes to this shit. My buddy was an independant contractor for an insurance company. ALL the work he did was in Utah, he is a resident of utah and they tried to claim he owed income taxes to California.

They also try to tax me on income from my rental property which is in California while I am a Utah resident (intresting that they can tax me without representation). I'm not 100% positive on this because my tax paperwork is way beyond my paygrade but I believe Utah is trying to taxing me on that income also because they base their taxes off of your federal taxes. It's OK for now because I lose money but it's going to be a problem in the future.


Sounds like CA is correct as you operated a business within their state. It is very likely that you must file CA tax returns. Whether you must pay taxes is going to depend upon your profix/loss positionbased upon CA taxcode. You should consult an expert as failing to file is a crime. You may have a lien on your rental property or worse have a warrant out. You could also have your rental property seized and auctioned.
SharpCharge
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Posted: 4/27/2012 11:45:42 PM

Originally Posted By 74HC:
Originally Posted By callmestick:
California is fucking crazy when it comes to this shit. My buddy was an independant contractor for an insurance company. ALL the work he did was in Utah, he is a resident of utah and they tried to claim he owed income taxes to California.

They also try to tax me on income from my rental property which is in California while I am a Utah resident (intresting that they can tax me without representation). I'm not 100% positive on this because my tax paperwork is way beyond my paygrade but I believe Utah is trying to taxing me on that income also because they base their taxes off of your federal taxes. It's OK for now because I lose money but it's going to be a problem in the future.


Sounds like CA is correct as you operated a business within their state. It is very likely that you must file CA tax returns. Whether you must pay taxes is going to depend upon your profix/loss positionbased upon CA taxcode. You should consult an expert as failing to file is a crime. You may have a lien on your rental property or worse have a warrant out. You could also have your rental property seized and auctioned.

I wasn't required to file CA taxes for the home I owned in Lemoore. I resided in Ohio when the home was rented out and no money was earned in Cali, the checks came to me in Ohio and was claimed on my Ohio and Federal taxes.
SirSqueeboo
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Posted: 4/28/2012 12:03:33 AM
Originally Posted By LesBaer45:
Originally Posted By 1IV:
The US ends at Arizona, Utah, and Oregon...

Thanks for the heads up.

Good luck.

Greedy Sacks of Garbage.


And you don't think NY does this? As I understand it, they are great about taxing you for "work" or "living" in NY state/city.

I remember Rush Limbaugh getting caught up in this and having to limit his time actually in NY to like 5 days a year or something stupid.


Expect more states to pile on this. Almost all of them are desperate for "revenue" and will obtain it any way they can by any method they can.


I remember that. Limbaugh had to prove to NY that he spent less than a week per year there.
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