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Articles Posted in taxing nonresidents

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Moving to California After a Liquidity Event: A New FTB Case Highlights All the Mistakes Nonresidents Can Make

The Case A recent case from California’s Office of Tax Appeals brings some clarity to how strictly  California dates a change of residency for income tax purposes when a nonresident claims to have moved to California shortly after a liquidity event. The case, Appeal of Housman, OTA Case No. 18010200…

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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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Stranded in California: Coronavirus Lockdown and Nonresident Status

  The Issue Can COVID-19 orders make you a resident? Since the COVID-19 emergency struck, tens of thousands of nonresidents have found themselves marooned in California due to coronavirus travel restrictions. The typical situation involves a seasonal visitor forced to remain in a vacation home longer than intended. But it…

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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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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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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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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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Increased Volume of 4600 Notices Sent in 2019, Explained

Our office has experienced a significant increase in the number of taxpayers reporting they have received 4600 Notices “Request for Tax Return” sent by the Franchise Tax Board (California’s tax enforcement agency). The likely explanation is discussed below. What’s Happening? This July, our office saw a spike of 100% from…

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The Part-Time Resident Tax Trap

  Sunny Taxxy California Most of the world knows the Palm Springs area for its picturesque golf courses, celebrity homes and halcyon weather. Among the taxing authorities in Sacramento, however, the words “Palm Springs” conjure up less carefree images. Spurred by the state’s appetite for tax revenues, the Franchise Tax…

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