Resident of Ohio or Texas for state income tax purposes?

Edwards Finance > Income Tax

Q. Resident of Ohio or Texas for state income tax purposes? I work for a company in Ohio. I have an apartment in Ohio and have lived there for many years. My job required me to be at a work site in Texas much of 2002. The first week of January 2002, I went to Texas and checked into a hotel. I checked out 10 months later. I was in Texas this entire time period except for about 10 weekend trips to Ohio (I still kept my room in Texas). During these 10 months however, I still paid rent for an apartment in Ohio; My car was registered in Ohio; I had an Ohio drivers license; I was registered to vote (but didn't) in Ohio. I am now back in Ohio (in my original apartment). My belief is that Texas considered me a resident after 30 days in the hotel (at that point, they refunded all the taxes I was charged on the room). There is obviously a huge savings on my state and local income taxes if I declare myself a Texas resident during this time period. My question is - do I meet the legal criteria to do so?

A. It's going to depend on Ohio law. In Kansas you would have been considered to remain a Kansas resident since you clearly intended to return. Check the Ohio instructions to see what their take is on it. Section 5747 is what you want. It has been awhile since I read them but from what I remember there is no link between resident and taxpayer. In fact, when you read the definition of resident for 5747, you may find you are not. You have no changed your tax home from Ohio, so all income is subject to tax in Ohio.

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