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1099 Income for California nonresident - Physician working out of NJ

There appears to be very confusing and incorrect answers for this question.  For a physician who is licensed in California and seeing patients in California from NJ - is there a requirement for filing taxes in California?

Situation - NJ resident - working and living in NJ.  Has never stepped foot inside California.  Receiving multiple 1099-misc and 1099-nec from California and non-california based businesses such as national telemedicine companies.  Patients seen are split between California and NJ.  According to California FTB - must file taxes in California because patients and benefit is seen in california.  

 

https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/november-2019/ma[product key removed]ing-for-inde...

 

There are posts here saying the income is NJ sourced and no need to file California taxes.  Please help and clear up the confusion.  

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3 Replies

1099 Income for California nonresident - Physician working out of NJ

The issue not where the independent contractor performed the services, but in what state the benefit was received. Accordingly, even if the independent contractor never sets foot in California, if he is performing services for a California-based customer, he has an economic nexus with the state and is likely doing business in California for income tax purposes. 

As an aside, I assume that you are licensed in California to treat California patients or have permission to do so because of Covid.

1099 Income for California nonresident - Physician working out of NJ

For a physician who is licensed in California and seeing patients in California from NJ - is there a requirement for filing taxes in California? mosy certainly.

 

For nonresident independent contractors the issue is not where the independent contractor performed the services, but in what state the benefit was received. Accordingly, even if the independent contractor never sets foot in California, if he is performing services for a California-based customer, he has an economic nexus with the state and is likely doing business in California for income tax purposes. That determination falls under a totally different set of stringent, often complex rules, which typically result in the net revenue from a sale of products or services to a California customer being subject to California income taxes (though there are special exemptions for sales of products).

This often comes as a shock to nonresident independent contractors who receive an audit notice from the FTB for services performed entirely outside of California, and who thought the “never set foot” defense applies to them. It doesn’t. It only applies to employees. Moreover, the status of the vendor as independent contractor matters not only to nonresident sole proprietors, but any out-of-state business entity with sales to California customers. For more details about the economic nexus rules for independent contractors, see “Internet-Based Companies and ‘Doing Business’ in California: Be Careful What Your Website Says About...

TomD8
Level 15

1099 Income for California nonresident - Physician working out of NJ

CA's rule, which is well described in the previous answers, has been challenged in court.  The plaintiff lost.  See this web reference for the details:

https://www.coblentzlaw.com/california-office-of-tax-appeals-gives-precedential-authority-to-bindley...

 

Since you're a resident of NJ, ALL your income is taxable by NJ, regardless of its source.  But you may take a credit on your NJ return for any taxes paid to CA, so you won't be double-taxed.  (The credit can't exceed what the NJ tax would have been on that income.)

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

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