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New Member
posted Jun 7, 2019 3:58:13 PM

Notice of proposed assessment

I received a notice of proposed assessment (claiming that I owe CA state taxes) for 2014. My employer was located in San Francisco, but I was working from home in Tennessee the entire year. I never worked in CA either I just made a few business trips to our HQs in SF.  My understanding is that I don't have to pay CA taxes based on the above scenario.

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1 Best answer
Level 15
Jun 7, 2019 3:58:18 PM

Some states have a “first day” rule, which means if you set foot in a state you don't live in and work there for even one day, you owe that state income tax. Other states have varying periods of time when the nonresident income tax kicks in, ranging from 10 days to 60 days.

 https://www.ftb.ca.gov/individuals/faq/ivr/210.shtml

5 Replies
Level 15
Jun 7, 2019 3:58:15 PM

Are you a W-2 employee?

New Member
Jun 7, 2019 3:58:16 PM

Yes, I am

Level 15
Jun 7, 2019 3:58:18 PM

Some states have a “first day” rule, which means if you set foot in a state you don't live in and work there for even one day, you owe that state income tax. Other states have varying periods of time when the nonresident income tax kicks in, ranging from 10 days to 60 days.

 https://www.ftb.ca.gov/individuals/faq/ivr/210.shtml

Level 15
Jun 7, 2019 3:58:23 PM

From CA:

Example 1 – You are a business executive and reside in
New York with your family. Several times each year you
travel to other states for business purposes.Your average
stay is one or two weeks and the entire time spent in
California for any taxable year does not exceed six
weeks.Your family usually remains in New York when you
are traveling for business purposes.

Determination: Under these circumstances, you are not
a California resident because your stays in California are
temporary or transitory in nature. As a nonresident, you
are taxed only on your income from California sources,
including your income for services performed in California

Level 13
Jun 7, 2019 3:58:25 PM

I guess you might be liable for some income for the days you actually were in California - depending on the circumstances - but absent that I don't see any "California-sourced" income here.

The FTB provides this guidance:

---------------------------------------------------------

Compensation

Wages and salaries have a source where the services are performed. The source of this income is not affected by either of the following:

  • The location of the employer where the payment is issued
  • Your location when you receive payment

Residents - Include all wages and salaries earned while a resident, regardless of where the services were performed.

Nonresidents - Include the income for services performed in California.

---------------------------------------------------------

Tom Young