ErnieS0
Expert Alumni

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Yes. California requires an employer to withhold tax on a nonresident who is physically working in California.

 

California Revenue and Taxation Code (R&TC) Section 18662 and the related regulations require withholding of California income or franchise taxes from payments and distributions made to nonresidents on California source income.

 

R&TC Section 17951 contains the provision requiring nonresidents to be taxed on all income from California sources. California source income includes payments for personal services performed in California. Where the nonresident lives, the location where the contract for services is entered into, or the place of payment does not determine the source of income from personal services. The location where the personal services are performed determines the source of income. Nonresidents must include in California gross income the gross payments for all services performed in California.

 

See Resident and Nonresident Withholding Guidelines

@Dhammer1 

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