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Ill be moving from CA to FL in Nov and starting new job in Dec. Ill be living in a hotel for 2 months until I can move into my residence. Will CA tax my income still?
I'll be moving to and be working in FL this December. Since I will be living temporarily in a hotel until I can move back into my permanent residence, will my income earned in FL still be subject to CA taxes because I am not in a permanent FL address? Even though I have proof of job offer and relocation to FL? Or could I use the hotel as the address?
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State tax filing
As far as CA is concerned, you are a full year resident of CA for the entire 12 months, since you did "in fact" live in CA as your primary residence for more than 9 months of the year. All of your world wide income is subject to state tax. Period. Since FL does not tax personal income, I see no way around it. Check out the details at <a rel="nofollow" target="_blank" href="http://www.sangerlaw.com/Articles/THE-PART-TIME-RESIDENT-TAX-TRAP.shtml">http://www.sangerlaw.com/Ar...> and make sure you read the entire article.
CA tax laws are very convoluted to the state's advantage, not the citizen's or resident's advantage.
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State tax filing
Not sure I agree with Carl on this. Just because you were a resident for more than nine months does not mean that you can't leave Calif permanently and be taxed as a part-year resident.
The issues that most commentary deal with are those that try and circumvent the rules. The nine month rule is a rebuttable presumption.
See the attached California Franchise Board bulletin on this matter. You are permanently leaving Calif based on what I read into your facts. If that in fact is the case, then I believe you are a part-year resident up to the point you physically leave the state.
https://www.ftb.ca.gov/forms/2016/16_1031.pdf
As is the case with any "domicile or residency" issue, you need to make sure you do the following:
- change banks
- change driver's license
- change voter registration
- sell the house
- see page 4 of the attached link for other items
Also keep in mind the date of replies, as tax law changes.
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Reference: <a rel="nofollow" target="_blank" href="https://www.ftb.ca.gov/forms/2016/16_1031.pdf">https://www.ftb.ca.gov/forms/2016/16_1031.pdf</a>
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State tax filing
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