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Articles Posted in Doing Business in California

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Nonresidents Working Remotely for California Businesses: Taking “The Sting” Out of California Income Taxes

  The Issue With the rise of ecommerce, advanced telecommunications, and the new prevalence of remote work due to the COVID pandemic, more and more people are choosing the option of living in one state while working for an employer in another, sometimes without ever setting foot at the employer’s…

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Did You Really Think California Wouldn’t Tax NFTs? Non-Fungible Tokens and California-Source Income

Hot as a Recalled MacBook Battery The non-fungible token market has become as hot as a recalled MacBook lithium battery (if that’s possible). You’ve probably seen the figures: digital artist Beeple sold an NFT for a remarkable $69 million; a LeBron James non-fungible dunk clip lasting ten seconds went for…

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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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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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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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Internet-Based Companies and “Doing Business in California”: Be Careful What Your Website Says About You

  The Issue With more and more companies forgoing brick and mortar by operating their business through the internet, tax authorities find it increasingly difficult to determine which enterprises are subject to state income taxes and which aren’t. Typically, California has taken an aggressive stance. In 2011, it passed a…

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The Franchise Tax Board Modifies Ruling: After Unfavorable “Doing Business in California” Case

The Franchise Tax Board, California’s taxing authority, has consistently taken an aggressive stance in claiming out-of-state businesses have income tax reporting requirements for “doing business in California.”  The FTB reached a limit in Swart Enterprises, Inc. v. Franchise Tax Board, Cal. Ct. App. (5th App. Dist.), 7 Cal. App. 5th…

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LEAVING YOUR CALIFORNIA LLC BEHIND – How California Taxes The Sale of Business Interests by Nonresidents

  The Issue  California residents who plan to move to another (by definition lower income tax) state, either to retire or for business purposes, often face the problem of how to handle their business interests situated in California. Mostly these interests are LLCs, the preferred entity for many modern business…

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