Did you know that certain expats may qualify for state tax credits which are based on residency?
You may not be allowed to claim federal or state earned income tax credits due to residency rules, but may qualify for other residency-based state tax credits.
The Federal government and individual states may have differing rules regarding residency requirements for certain tax credits.
The Federal government considers the residency required in order to claim the earned income credit to be 6 months of the year. So if you lived out side of the US for more than this period in a calendar year, you wouldn't qualify for this credit. Very straightforward.
Although you may be planning on moving back to the US, and may even own a house there, the 6 month residency rules apply.
However, many states, especially those in the Northeast US such as NY and NJ, have a more "sticky" residency rule. As long as you were "domiciled" in NY or NJ, you are still considered a resident.
These rules work out great for the states to be able to hold onto wealthier taxpayers.
But another result is that it actually ends up causing lower income taxpayers who temporarily left the state to remain qualifying for tax credits, even refundable ones.
You may only have one domicile at a time and the burden of proof is upon you, as the taxpayer, to demonstrate that you have changed your domicile.
It is required to show that the necessary intention existed to abandon your domicile in NJ or NY and establish a fixed and permanent home in another location. Multiple residences do not equate to multiple domiciles.
Once established, your domicile continues until you move to a new location with the intent to establish your permanent home and abandon your original domicile.
Moving to a new location, even for a long time, does not change your domicile if you intend to return to your original domicile.
Intent to change domicile is based upon many facts and circumstances.
NY is extra strict about this when someone moves abroad. They may require proof of the taxpayer applying for permanent residency or citizenship, buying a home abroad or both, to finally agree to "let go" of their taxpayer.
So these strict state rules may actually work to the advantage of lower income taxpayers.
Some states are less strict about residency, so this claiming state tax credits while living abroad may not be relevant.
Interestingly, the earned income credit of NY and NJ is based on qualifying for the federal earned income credit.
So even if the state still considers you a resident, you would not be able to claim the state EIC for NY or NJ if you lived outside the US for more than 6 months of a calendar year.
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