which state do i use?

[okiemom2008]

On the income part of the means test would I use Kansas or Texas guidelines.

Texas where we lived until September 2008 and we are using these exemptions

or

Kansas where we are filing and live now

[justbroke]

Where you lived the 180-days before the 730=days (2 years) preceeding when you file.

Complex, huh? Thank Congress for that.

In other words... go back 2 years from today. Then think about the 6 months before then. In my example, use January 1, 2009 as your filing date. So you'd go back two years to January 1, 2007. Then you'd think about where you lived from July 1, 2006 to December 31, 2006. This is the State you use to file your exemptions against.

If you moved too much... then it's the place where you live the most in that 180-day period.

Then it gets worse. If that State's exemptions only apply to a resident of that State, then you use the Federal Exemptions.

[okiemom2008]

Where you lived the 180-days before the 730=days (2 years) preceeding when you file.

Complex, huh? Thank Congress for that.

In other words... go back 2 years from today. Then think about the 6 months before then. In my example, use January 1, 2009 as your filing date. So you'd go back two years to January 1, 2007. Then you'd think about where you lived from July 1, 2006 to December 31, 2006. This is the State you use to file your exemptions against.

If you moved too much... then it's the place where you live the most in that 180-day period.

Then it gets worse. If that State's exemptions only apply to a resident of that State, then you use the Federal Exemptions.

Ok, thanks. we lived in texas from august 2003-may 2008.

where would I go to find out if texas exemptions only apply to residents?

[justbroke]

Ok, thanks. we lived in texas from august 2003-may 2008.

where would I go to find out if texas exemptions only apply to residents?

This gets even more convoluted and tricky as it goes!

For a homestead (real property), you need to use the Federal Exemptions. For everything else, you can choose Federal Exemptions or the Texas State Exemptions.

The reason on the homestead is because Texas law defines a homestead as property within the State (of Texas). It's really buried in all the code. You have to wade through it to understand it, but it basically goes like this.

First, we determined your applicable State for exemptions is Texas. Federal law says that you now abide by that State's law as far as exemptions. Texas uses Federal and Texas State Exemptions. In the Texas definition of the Homestead (41.002) reads that [t]he definition of a homestead as provided in this section applies to all homesteads in this state whenever created. So, you can't use the Texas homestead exemption on a property outside Texas!

Where a State law conflicts with the Federal rule overriding your Exemption State (the 730-day rule), you automatically use the Federal Exemptions for that statute.

[okiemom2008]

This gets even more convoluted and tricky as it goes!

For a homestead (real property), you need to use the Federal Exemptions. For everything else, you can choose Federal Exemptions or the Texas State Exemptions.

The reason on the homestead is because Texas law defines a homestead as property within the State (of Texas). It's really buried in all the code. You have to wade through it to understand it, but it basically goes like this.

First, we determined your applicable State for exemptions is Texas. Federal law says that you now abide by that State's law as far as exemptions. Texas uses Federal and Texas State Exemptions. In the Texas definition of the Homestead (41.002) reads that [t]he definition of a homestead as provided in this section applies to all homesteads in this state whenever created. So, you can't use the Texas homestead exemption on a property outside Texas!

Where a State law conflicts with the Federal rule overriding your Exemption State (the 730-day rule), you automatically use the Federal Exemptions for that statute.

ok, thanks! We are selling our home in Oklahoma since we cannot use it as homestead. We do not want to sell it but have to. We are letting our house in Texas go-trying not to get a foreclosure but are 2 months behind right now. We tried to sell it but no luck. So we do not even want to homestead it

[coopersmydog]

Ok really confused now. I lived in state a from 2003 thru July 2008. Now I live In state b. Which median Income do I use. Which exemptions do I use. Do I need to get an attorney from the previous state.

[justbroke]

Ok really confused now. I lived in state a from 2003 thru July 2008. Now I live In state b. Which median Income do I use. Which exemptions do I use. Do I need to get an attorney from the previous state.

You'll have to use the previous State's exemptions. Plus there are some conditions on using the other State's exemptions (such as residency requirements).

If that State's exemptions give you trouble, you get to use the Federal Exemptions.

You file in the State in which you currently live and hire a lawyer similarly.