[Search for users] [Overall Top Noters] [List of all Conferences] [Download this site]

Conference nyoss1::market_investing

Title:Market Investing
Moderator:2155::michaud
Created:Thu Jan 23 1992
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1060
Total number of notes:10477

160.0. "can one avoid Mass income taxes?" by GUIDUK::BRENNAN_CA (Cathy Brennan, Boeing Business Group) Thu Apr 16 1992 19:26

    Could anyone in this notesfile give me some information about Mass
    income taxes, and who has to pay them? 
    
    I'm a Washington resident, who'll be going to school in the Boston
    area. Digital will consider this a temporary relocation. I'd like to
    find some way to leave Washington as my legal residence, and avoid
    paying Mass taxes, if that's possible. What kind of person could give
    me information on this? An accountant? A lawyer? If I left my mailing
    address as my home in Washington, might I at least avoid taxes on
    capital gains? What about wages? Has anyone been successful with this
    before?
    
    Cathy
T.RTitleUserPersonal
Name
DateLines
160.1MR4DEC::GREENThu Apr 16 1992 19:373
    
    Mass taxes any income earned in the state, as NH residents are acutely
    aware. 
160.2As I recall...HABS11::MASONExplaining is not understandingThu Apr 16 1992 19:456
    Or, to put it another way (which I think is correct in all but the
    cleverest of cases): If you live OR work in MA, they get you for the
    taxes. And that includes the difference between the rate in your state 
    (if you pay state taxes there) and in MA, if MA is higher.
    
    Cheers...Gary
160.3GUIDUK::BRENNAN_CACathy Brennan, Boeing Business GroupThu Apr 16 1992 21:2313
    Who defines what "work in MA" means? Following from the base note, what
    if I were able to have my paychecks issued through my cost center, which
    would remain in Washington? Would I pay MA taxes on that? If so, maybe
    there are other things I could do. I have a lot of variables I could
    play with here, so it may be possible to avoid taxes on at least
    investment income.
    
    I don't expect to get a real answer with a list of steps to take to
    avoid paying MA income tax from this file; I know it's not that easy
    (if it's even possible). But what kind of professional would I talk to,
    to find out how, legally, to avoid these taxes, or to convince myself
    that I'd talked to those who know best, and it's just not possible?
    Would that be a tax lawyer? Anyone have any recommendations? 
160.4Where you get paid...HABS11::MASONExplaining is not understandingThu Apr 16 1992 21:588
    When I was in the MA tax situation, it was the location from which you
    were paid. I worked in Marlboro, and lived in NH. They would not move
    my pay location to NH until I worked more than half time there.  It was
    at least immoral, and probably illegal, to do so. Digital (still, I
    think) cares about that kind of thing. If your company has no locations
    in state, you might not get hit. 
    
    Cheers...Gary
160.5"Tax's... What taxs????"MIMS::MACIOLEK_MMad MikeFri Apr 17 1992 13:0535
    Hi,
    
    I was in the same situation.  I was a "Connecticut resident" working
    in Ohio for 7 months.  I had an "office" in Ohio, but I maintained
    a home in Connecticut.  Since I was working at a company based in
    Ohio, my company based in Mass. had to withhold ohio income tax.
    This pertained to wages only.  I recieved money from other sources
    such as investments which were "earned in Connecticut".
    
    When I filed my Ohio State income tax, I filed as a resident alien.
    What happened was this:
    What was my Gross earnings PERIOD (regardless of where it was earned).
    How much of it was earned in Ohio
    How much of it was earned in another state
    How much money did you pay to other states in taxs ($0)
    You monkey around with the figures a little bit and come up with
    how much you owe.  Then, of course Connecticut just introduced it's
    income tax.  I figured that on the day they introduced the tax, I
    didn't live in Connecticut anymore.  Now I live in Georgia.  If I
    did file in Connecticut, there tax method is the same as Ohio.
    What was your gross income.  I said "Not again".   I'm bummed out
    about that even though I earned most of my money outside of Ohio,
    Ohio taxed EVerything I made, when everything was adjusted for
    being paid to other states, I found I still came out behind.
    
    I guess the moral of this story is:
    You can say you live anywhere you want.
    Your company will withhold money from wages earned in Mass.
    If you have any money withheld for state income taxs' you should file
    a Mass income tax return to try and get some of your money back.
    File as a resident of Washington.  You'll be responsible for paying tax's 
    on the wages earned in Mass.  Don't try and pull a Leona Helmsley, it 
    ain't worth it.
    
    - Mike
160.6Relying on a poor memory...BASEX::GREENLAWI used to be an ASSET, now I'm a ResourceFri Apr 17 1992 18:148
I seem to recall where MASS was taxing members of visiting football teams
on 1/16 of their salaries because the money was "earned" in Foxboro.  I do
know that I once worked for a gentleman who lived in NH, worked in Mass, and
traveled to Michigan.  He would keep tract of the days he actually spent in
the MASS office so that he would only pay taxes on that amount of his salary.

FWIW,
Lee G.
160.7you may not have to paySTOKES::NEVINThu Apr 30 1992 15:3931
    According to the Mass Non-resident state tax book, you do not have to
    pay taxes if you business in Mass is "casual, isolated and
    inconsequential".  This is defined by the following criteria:
    
    1) less than 10 days and less than $6000 (you do not qualify on this
    one)
    
    2)  gross income from business in Mass does not exceed $6000 (in some
    cases this would contradict 1, but in any case, you probably would not
    qualify under this one)
    
    OR--
    
    3) "the nonresident's presence for business in Mass is ancillary to the
    nonresident's primary business or employment duties performed at a base
    of operations outside Mass, as with an occasional presence in Mass for
    management reporting, planning or training, and other similar
    activities which are secondary to the individual's out-of-state
    duties."
    
    My feeling is that you could make a good case for number 3. You can get
    a copy of the non-resident regulation from the 
    Rules and Regulations Bureau
    Mass Dept of Revenue
    100 Cambridge St
    Boston, MA 02204
    
    
    
    Good luck,
    Bob
160.8GUIDUK::BRENNAN_CACathy Brennan, 545-4512Tue May 05 1992 14:341
    Thanks for the information in .7, and for the address.