It’s up to your employer—not you—to decide whether they should withhold California income tax on your pay.
California defines a resident as any individual who meets any of the following:
- Present in California for other than a temporary or transitory purpose.
- Domiciled in California, but outside California for a temporary or transitory purpose.
A nonresident is any individual who is not a resident.
To be a Texas resident, you will have to change your domicile from California. The Golden State defines this as:
- Abandonment of your prior domicile.
- Physically moving to and residing in the new locality.
- Intent to remain in the new locality permanently or indefinitely as demonstrated by your actions.
You would be a Texas resident if you took steps to establish residence in Texas, including registering your vehicles, obtaining a driver’s license, registering to vote, changing the addresses of your banking accounts or opening new accounts in Texas and using professional services such as doctors and dentists in Texas.
Your employer will probably want you to fill out an EDD Form DE-4 form, claiming exemption from withholding.
If you are a Texas resident, you are still taxed by California on income earned during the days you worked in the state for your employer.
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