Skywest pilots based in CA not living there
11-04-2009, 12:19 PM
#31
Gets Weekends Off
Joined APC: Mar 2008
Position: DHC-8 CA Furloughed
Posts: 305
Originally Posted by Convairator
I would strongly favor pushing California out into the ocean....
Last edited by TheDashRocks; 11-04-2009 at 12:19 PM. Reason: seplling
11-04-2009, 10:37 PM
#32
Gets Weekends Off
Joined APC: Jun 2006
Position: Former EMB 120 Jr. Water Boy, CRJ newbee
Posts: 373
Originally Posted by AirlineCPA
The only state that has hit any of my clients on this is California, though it is possible that other states may try it as well. I was able to resolve the matter for my clients without them having to pay CA state income tax. Give me a call if you do get hit with this. I can either respond to the California Franchise Tax Board on your behalf or file an amended return in your home state to get credit for tax paid to CA if you already paid them. You can go to AirlineCPA.com - AIRLINE CREW TAXES and PER DIEM for my contact info.
11-05-2009, 07:59 AM
#33
Gets Weekends Off
Joined APC: Mar 2007
Posts: 148
It is actually just a function of an automated system. The system attempts to reconcile state tax returns against ssn's that paid CASDI. That is the California State Disability insurance. Even transportation workers with a different tax home (state) pay CASDI via payroll deduction. You probably noted the 3 or 4 bucks per paystub that goes to CASDI if you are domiciled there. When the system finds an SSN that paid CASDI that has no associated state tax return it generates the letter.
Just check the box for not required and in the comments write that you are a resident of xxxx state and are only based in CA not subject to state income tax. Drop the form in the mail and you are done.
It's just that simple. You will get a confirmation back in a week or two that the records have been updated. That's it.
As for paying a CPA to "FIX" the problem, forget it. Fill out the form they sent with the notice and you are done. It is a non-issue and certainly does not require the services of a CPA to resolve.
Just check the box for not required and in the comments write that you are a resident of xxxx state and are only based in CA not subject to state income tax. Drop the form in the mail and you are done.
It's just that simple. You will get a confirmation back in a week or two that the records have been updated. That's it.
As for paying a CPA to "FIX" the problem, forget it. Fill out the form they sent with the notice and you are done. It is a non-issue and certainly does not require the services of a CPA to resolve.
11-06-2009, 12:51 PM
#35
Line Holder
Joined APC: Apr 2007
Posts: 82
Relevant federal law
The applicable federal law is found at 49 USC sec. 40116(f):
(f) Pay of Air Carrier Employees.—
(f) Pay of Air Carrier Employees.—
(1) In this subsection—
(A) “pay” means money received by an employee for services.
(B) “State” means a State of the United States, the District of Columbia, and a territory or possession of the United States.
(C) an employee is deemed to have earned 50 percent of the employee’s pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
(C) an employee is deemed to have earned 50 percent of the employee’s pay in a State or political subdivision of a State in which the scheduled flight time of the employee in the State or subdivision is more than 50 percent of the total scheduled flight time of the employee when employed during the calendar year.
(2) The pay of an employee of an air carrier having regularly assigned duties on aircraft in at least 2 States is subject to the income tax laws of only the following:
I am not your lawyer. Consult with a legal or tax professional of your choosing. Whatever you do, do not talk to the California tax people without getting competent legal advice.
(A) the State or political subdivision of the State that is the residence of the employee.
(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
(3) Compensation paid by an air carrier to an employee described in subsection (a) in connection with such employee’s authorized leave or other authorized absence from regular duties on the carrier’s aircraft in order to perform services on behalf of the employee’s airline union shall be subject to the income tax laws of only the following:(B) the State or political subdivision of the State in which the employee earns more than 50 percent of the pay received by the employee from the carrier.
(A) The State or political subdivision of the State that is the residence of the employee.
(B) The State or political subdivision of the State in which the employee’s scheduled flight time would have been more than 50 percent of the employee’s total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
(B) The State or political subdivision of the State in which the employee’s scheduled flight time would have been more than 50 percent of the employee’s total scheduled flight time for the calendar year had the employee been engaged full time in the performance of regularly assigned duties on the carrier’s aircraft.
Last edited by jagbn; 11-06-2009 at 12:52 PM. Reason: fix typo
11-06-2009, 03:47 PM
#37
Gets Weekends Off
Joined APC: Feb 2006
Position: DD->DH->RU/XE soon to be EV
Posts: 3,732
Originally Posted by jagbn
Consult with a legal or tax professional of your choosing. Whatever you do, do not talk to the California tax people without getting competent legal advice.
Other people I know called the Californian tax people, spent time on hold due to the usual and standard governmental bureaucratic inefficiencies, talked to a real live person explaining the situation, and had the matter dropped all the same.
11-06-2009, 03:53 PM
#38
New Hire
Joined APC: Aug 2009
Posts: 9
Originally Posted by TheDashRocks
Are union dues a write-off?
Last edited by AirlineCPA; 11-07-2009 at 09:41 AM. Reason: Semantics
11-06-2009, 04:27 PM
#39
Gets Weekends Off
Joined APC: Feb 2006
Position: DD->DH->RU/XE soon to be EV
Posts: 3,732
Originally Posted by AirlineCPA
Yes, but you have to itemize. Crew members claiming travel expenses for their job must claim them on Form 2106 – Employee Business Expense which flows to Schedule A – Itemized Deductions.
Especially for guys that try to write off commuting expenses, like crash pads, etc?
I've heard of guys doing it, but it was explained to me that since you commute, you "choose" to live in one place but work in another, and that crash pads, hotels related to commuting, parking, etc can't be deducted?
Now, if your company REQUIRED that of you, and it wasn't your "choice", that's a whole different matter.
11-07-2009, 06:30 AM
#40
Gets Weekends Off
Joined APC: Mar 2008
Position: DHC-8 CA Furloughed
Posts: 305
Originally Posted by TheDashRocks
Are union dues a write-off?
Originally Posted by Milo
They sure are. . .
Originally Posted by AirlineCPA
Yes, but you have to itemize.
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