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I live in Washington State and I have rental property in California. Did I earn income in California?

 
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3 Replies
DS30
New Member

I live in Washington State and I have rental property in California. Did I earn income in California?

Yes, if you have net income from a rental property in CA, you will have CA sourced income and will need to file a CA nonresident state income tax return to report this income. Usually you get a state tax credit in your home state to offset these nonresident state taxes but since WA has no state income tax filing requirement, no state tax credit will be available.

However, you will not need to file a CA nonresident state income tax return if you will report a net rental loss for the year in CA on this CA rental property.

According to the CA Department of Revenue;

You are required to file a Nonresident or Part-Year Resident Income Tax Return (Long or Short Form 540NR) with California if you have income from California sources, such as rental income, income from the sale of property, or partnership income in 2016 and you are:

  • Single with a total income from all sources of $16,597 or more
  • Married with joint income from all sources of $33,197 or more 

But, you should consider this:

Even with a loss you should file nonresident CA returns every year declaring the income, depreciation, expenses, etc. on that property. If you sell the property later on you will thank your lucky stars for any suspended loss carryovers (and/or NOL carryovers, discussed below) that get freed up to offset the gain on the sale which CA will definitely tax. The only way to claim such deductions against a gain on sale is to file CA returns every year beforehand.

 


I live in Washington State and I have rental property in California. Did I earn income in California?

Where I should read my income on residential rental property from to determine if I should file California non-resident tax return ?

Is it 1040 Schedule E line 26 Total rental real estate and royalty income or (loss) ?

Carl
Level 15

I live in Washington State and I have rental property in California. Did I earn income in California?

To get technical in case it will help provide more clarity.

Did I earn income in California?

No, you did not. That's because rental income is not earned. Rental income is passive income.

However, there is no denying that you do have "California sourced" income. Therefore you're required to report that income to the state.

Now in reality it's more likely you have a loss "ON PAPER" on the tax return. But that doesn't matter really. In order to show that loss "on paper", you have to file a tax return.

Simplistic and not all inclusive. But not wrong either.

 

 

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