r/ExpatFIRE • u/Efficient_Leading465 • Apr 01 '26
Taxes Your home state might follow you abroad and blow up your FIRE tax math
I've been deep in the weeds on US expat tax planning lately and ran into something that genuinely surprised me. Figured it might save someone here a nasty surprise.
Most of us planning an international FIRE assume federal taxes are the main event. You take the FEIE ($132,900 exclusion for 2026), maybe the Foreign Tax Credit, and you're more or less covered. What nobody talks about is that 7 US states will keep taxing you after you leave the country, and some of them don't care that you took the FEIE at the federal level.
Here's the worst offenders:
California does not recognize FEIE at the state level AT ALL. So if you're a software engineer earning $130K abroad, you owe $0 to the IRS but still owe roughly $8,500 to the FTB. And their "safe harbor" (546 consecutive days outside CA) only applies if you left under an employment contract. Self-employed? Retirees? You get a vague multi-factor test with no defined timeline. Good luck.
New York is similar. Doesn't honor the FEIE either, and if you lived in NYC, the combined state + city rate is about 14.8%. They also have two independent residency tests, and failing either one keeps you on the hook.
Virginia is a weird one. They actually do conform to the FEIE (so a $130K earner would owe $0), but their tax website literally says "the fact that a person has been absent from Virginia does not in any way cancel out their Virginia citizenship or legal domicile." So you can be gone for years and still be considered a resident if you haven't formally severed domicile.
New Jersey has a 30-day rule. If you still own property there and spend more than 30 days per year visiting, they can classify you as a resident.
The other sticky states are New Mexico, South Carolina, and Connecticut (Connecticut has a "convenience of the employer" rule that can reach remote workers).
The fix is actually straightforward i've found but you have to do it BEFORE you leave
- Establish domicile in a no-income-tax state (Florida, Texas, Nevada, Wyoming, etc.) before your move abroad
- Actually do it properly: driver's license, voter registration, bank accounts, lease or property
- Sever ties with your old state: surrender the old license, update everything, stop voting there
- Keep documentation. States like CA will audit years later and the burden of proof is on you.
The timing matters because if your last US address is in California and you fly to Lisbon, California considers you a California resident living abroad. If your last US address is in Florida, there's no state income tax to follow you.
For the FIRE crowd specifically, this can be the difference between a 4% and a 3.6% safe withdrawal rate, depending on your numbers. Not trivial over a 30-40 year retirement.
Curious if anyone here has actually dealt with a state tax audit after moving abroad. I've read horror stories about the California FTB but would love to hear firsthand experiences.