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California Residency Tax Planning

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The Six-Month Presumption in California Residency Law: Not All It’s Cracked Up To Be

The Six-Month Mythos You don’t have to be a tax lawyer to know that the way to avoid becoming a resident of California is to spend less than six months in the state during any calendar year. Right? Well, not exactly. The “six-month presumption,” as it’s called, which is mentioned…

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Even Central Asia Isn’t Far Enough Away to Avoid California Residency Rules: Two Recent Cases on Married Couples with Separate Residency

  The Cases Two recent court decisions have reemphasized how difficult it can be for a nonresident with a California spouse to avoid California income tax. Difficult, but not impossible. Why The Cases Are Important The opinions were issued by California’s Office of Tax Appeals, the state’s new administrative tribunal…

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Where Is Bitcoin? Cryptocurrency and California’s Income Sourcing Rules

  Where is Bitcoin? This may sound like a question on a Philosophy 101 midterm exam. But in fact, it’s a real-world tax issue, with potential huge tax consequences for nonresident traders, investors, and users of cryptocurrency, at least to the extent they have financial connections with California, through an…

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Do You Need California Residency Tax Planning? Not Everybody Does, But Those Who Do, Really Do

  The Issue Nobody needs reminding that California is a high income tax state. Most people know there can be tax benefits from changing residency or maintaining nonresidency status where California is involved. With a top bracket rate of 13.3%, California residency at the time of a large capital gains…

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Working While Vacationing: The Perils of California Source Rules for Nonresidents

  The Remote Economy: A Two-Way Street The internet economy, ecommerce and constant connectivity has allowed increasing numbers of nonresidents to provide remote services to California businesses without setting foot here. As long as those nonresidents meticulously follow the rules, they can work remotely free from California income taxes. Or…

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Study of Total Tax Burden by State: Some Expected and Not-So-Expected Results

A recent study comparing the states by income tax, sales tax, property tax, average overall tax burden and average effective income tax rates, including dollar for dollar and by percentage, produced expected results about California’s high tax burden, but also some surprising insights. It wasn’t unexpected that California failed to…

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Five (More) Internet Myths About California Residency Rules

  Is Bigfoot a California Resident? Manes Law discussed its top five internet myths about California tax residency rules in a previous article. Here are five more. Again, they’re in no particular order, but the commentary should provide some indication about how important they are and why. Myth #1: Leave…

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Five Internet Myths About California Residency Rules: And How They Can Cost You

    The Issue While not quite as prevalent as Bigfoot videos, myths about California’s residency tax rules abound on the internet. Of course, believing in Bigfoot won’t increase your chances of a residency audit, or cost you tens or hundreds of thousands of dollars if the audit goes against…

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Moving Overseas from California: A Residency Minefield for Expats

  The Issue: Even Casablanca Isn’t Far Enough Away to Avoid A California Residency Audit The global economy has enabled growing numbers of California residents to find employment overseas, often in Pacific Rim or European countries.  Many of these jobs are in financial services or high-tech industries and can be…

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Secured Promissory Notes and California-Source Income, Explained

  The Issue Nonresident individuals and out-of-state companies often make loans to California-based borrowers. It’s not unusual for those promissory notes to be secured with California real estate. The scenarios take many forms. A person may inherit the note from a parent, or they may feel obliged to make a…

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