[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

483.0. "Relief from state taxes" by TOOK::SPENCER () Fri May 28 1993 13:31

    Does anyone know any LEGAL way to get relief from state taxes on
    capital gains?  I really hate paying mass 12% on something that has
    nothing to do with my living in mass.  I also don't want to move out
    of mass right now.
    
    Would it be possible and legal to set up a corporation in a state where
    taxes are less, and then transfer assets to the corporation?  Has
    anyone looked into this?  Is this feasible and legal?  What would 
    have to be done to set this up?
    
    You could also apply this line of thinking to relief from dividends
    and interest and maybe other things as well.
    
    Thanks,  Bill
    
T.RTitleUserPersonal
Name
DateLines
483.1Then there's always the Cayman Islands, etc.TLE::JBISHOPFri May 28 1993 14:0726
    It might be possible--trusts have a location and so pay taxes for
    the state in which they are located (I know this because my brother
    is trustee for my son's college trust.  He lives in Oregon, and 
    the trust files an Oregon tax return as well as a Federal one, but
    not a NH one).
    
    I guess you could make some kind of trading entity, like a company, 
    located in Texas or NH, in which you would own shares.  As long as
    you don't sell the shares, there is only unrealized capital gains.
    But the company would have income and capital gain, and pay Federal
    taxes on it.  I suspect those taxes are high, as every mutual fund
    I've read a prospectus for says that it will pass on its income and
    capital gain to share owners rather than pay taxes on retained income
    and gains.
    
    If you cut the "beneficial ownership" connection between you and your
    money, so that Mass. wouldn't be able to count the capital gain to the
    trust/whatever as gain to you, that might work.  You could try to set
    up a trust for your aged parents, to be used for this and that, the
    capital to revert to you when they die, for example.  But a trust for
    which you are the beneficiary?  I bet Mass. has that angle covered!
    
    Please tell us what you discover after you consult a sophisticated
    Mass. tax lawyer!
    
    		-John Bishop
483.2Buy CATP while it's cheapVMSDEV::HALLYBFish have no concept of fireFri May 28 1993 15:268
    I know of at least one couple that had huge unrealized capital gains.
    They moved to NH and THEN sold their stock.  I suppose it would be
    possible to buy U.S. Treasuries, move back to MA and live off the
    interest, state tax-free.  As far as I know this is entirely legal.
    
    Of course the real problem is amassing all those capital gains!
    
      John
483.3Taxation without residence ?STAR::PARKETrue Engineers Combat ObfuscationWed Jun 02 1993 21:0916
    Re: .1 - Trust located in Oregon being taxed
    
    	This has not been my experience.  When there was a truse set up for
    my set mother in Boston, Mass COULD NOT touch the gains for taxation
    purposes as FNB Boston was Trustee for a Vermont Resident, which
    therefore made it a Vermont trust, taxable in Vermont.
    
    It would be interesting to know how the Oregon trust is set up so that
    one pays Oregon tax when you are not a resident.
    
    I son't know trust law, but my experience seems to be that the state of
    creation (where the creator of the trust resided), or trust beneficiary
    is the state of taxation.
    
    Bill
    
483.4Let me checkTLE::JBISHOPWed Jun 02 1993 22:193
    I'll double-check tonight.
    
    	-John Bishop
483.5It'll take longer than I thoughtTLE::JBISHOPSun Jun 06 1993 15:518
    I looked (took longer to remember to look, sorry) but don't
    have any more solid data--nowhere in my files does it say
    which state the trust is in (e.g. not in the trust, not in
    the request for a Federal Tax ID...).  I'll wait until the
    next time I'm in touch with my brother the trustee or my
    acountant to ask again.
    
    		-John Bishop
483.6Mass. Form 1-NR questionZENDIA::SCHOTTThu Apr 07 1994 01:207
    Another quick question on paying state taxes.  I'm a new
    Non-resident filer living in NH, working now in Mass.
    My W2 lists Box 1: Wages,tips other compensation which is what
    I use for my Federal return.  Box 17: says State Wages, tips, etc.
    For my Mass. tax form, which box do I list use for my Non-resident
    income amount??  I think Box 1, and hope Box 17 since its smaller.
    
483.7get the Form 1-NR inst. guideSMAUG::GOVOTSKIRay GovotskiThu Apr 07 1994 14:0622
>    My W2 lists Box 1: Wages,tips other compensation which is what
>    I use for my Federal return.  Box 17: says State Wages, tips, etc.
>    For my Mass. tax form, which box do I list use for my Non-resident
>    income amount??  I think Box 1, and hope Box 17 since its smaller.
    
 For Form 1-NR, Item 2 is from your U.S. return -- 
	U.S. 1040 line 23, 
	U.S. 1040A line 14, OR
	U.S. 1040EZ line 4

 For Form 1-NR, Item 3 Wages, Salaries, Tips, Other Employee Compensation
	I used box 17 from my W-2. However, I recommend you get a copy
	of the '93 MA. nonresident Income Tax Form 1-NR Schedules and
	Instructions, because it details what to do if you were a MA
	resident for a portion of '93. There is an "Apportionment 
	Worksheet" section in the Form 1-NR. 

  I hope this wasn't clear as mud. :-) 

  Ray
	
483.8can't do it on time...SCHOOL::DESAIThu Apr 07 1994 16:225
    Which form do I need to fill for "extension of filing STATE taxes"?
    
    thanks,
    
    - Rajesh
483.9NPSS::WADENetwork Systems SupportThu Apr 07 1994 16:509
    Do you owe them? Last year I just filed ~1 month late and didn't do
    anything because they owed me (not good business sense).  
    
    Sorry I don't know what the form is but remember if you owe them you have 
    to send it in with an estimate of what you owe.  I'm pretty sure the
    book containing the form(s) has info on the late filing form.
    
    Bill
    
483.10TLE::FELDMANOpportunities are our FutureFri Apr 08 1994 19:4722
re: .6, .7

In general, if box 17 is less than box 1, it means that your
employer has done the apportionment for you and you must
use the box 17 amount.  If you calculate even less, then your
best bet is to try to get a corrected W-2, since the MA DOR 
can be stubborn about not taking your word over your
employer's.  

Note .6 implies that DEC does the apportionment.  This in
turn implies that you must be compulsive about making sure
DEC payroll has an accurate picture of the number of days
you work out of MA.

If box 17 and box 1 are identical, then MA DOR is willing to
assume that your employer hasn't done any tracking, and 
therefore they are far more willing to accept your apportionment.

Either way, the advice in .7 about checking the instructions
should be observed.

   Gary
483.11Got 2 different numbers for a residentAWECIM::MCMAHONLiving in the owe-zoneMon Apr 11 1994 17:073
    Well, my wife is and has been a Mass. resident, and on her W-2, the two
    boxes were different amounts. We're waiting to hear from the person who
    typed up the W-2's why they're different.
483.12ZENDIA::SCHOTTTue Apr 12 1994 12:504
    My two numbers are different, but I spent the whole year working
    in Mass other than a few weeks vacation which does not equal the
    amount of the difference between box 1 and box 17.
    
483.13TLE::FELDMANOpportunities are our FutureTue Apr 12 1994 15:458
Do you participate in the DCRA?  It's the only thing I
can think of that might have different deductibilty 
rules, causing this difference.  

Now you have me wondering.  I'll have to double 
check my W-2 to see if they're the same on mine.

  Gary
483.14Absent minded dayALLVAX::DUNTONFrankly my dear.....Tue Apr 12 1994 15:485
    
    can someone please post the address to send a completed Mass NR1 form.
    My CPA forgot to return the envelope.
    
    thanks
483.15ZENDIA::SCHOTTTue Apr 12 1994 18:355
    No, I don't participate in DCRA.  I wonder if maybe they credited
    me income in NH for January and changed me over in Feb.  I did
    transition from NH in MA at the beginning of the year.  Maybe they
    didn't finalize this in my checks for a few weeks?
    
483.16NH capital gains ?MARIN::DODGETue Sep 12 1995 21:209
    Does the State of New Hampshire tax capital gains on stocks ?  If so
    what are the rates or range of rates ?
    
    Does NH still tax Interest and Dividends ?  I think I recall a change a
    few years ago to eliminate this tax.
    
    Thanks,
    
    Don
483.17NETRIX::michaudJeff Michaud, That GroupTue Sep 12 1995 22:199
>     Does the State of New Hampshire tax capital gains on stocks ?  If so
>     what are the rates or range of rates ?

	no tax on gains

>     Does NH still tax Interest and Dividends ?  I think I recall a change a
>     few years ago to eliminate this tax.

	yes, it still exists.  it's been revised.  see existing topic