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rk96
Returning Member

CA allocation ratio for NQSO

A person joined a California company on June 1, 2019 while he was a California resident and has been working for that company since then. He received a grant of 1,000 Non-qualified stock options (NQSO) with grant date of July 1, 2019 and vested immediately on the grant date with a strike price equal to closing price on the grant date (let's assume this was $2). He moved to Arizona on July 1, 2020.

 

On July 1, 2022, he exercised and sold all 1,000 NQSOs for $5/share. I understand that since the employee worked in CA for 33.33% (1 out of 3 years) of the time from the grant date to exercise of the NQSOs that the CA allocation of income to be taxed is $1000 [(5 - 2) * 1000 * 1/3].
If the employee while being a resident of AZ travels to CA for business travel for 30 days, do those 30 days increase the CA allocation of the income appropriately?

 

Also, if the employee receives a new grant of 1,000 Non-qualified stock options (NQSO) with grant date of July 1, 2022 while being a resident of AZ and then travels to CA for business travel for 30 days, do those 30 days need to be considered as CA allocation of the income for taxation if he decides to exercise and sell those NQSOs on July 1 2024?

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1 Reply
MarilynG1
Employee Tax Expert

CA allocation ratio for NQSO

 

If you travel to CA for 30 days for business, you are still a Non-Resident of California and those days would not be considered as as CA source income. 

 

Nonresident

A nonresident is a person who is not a resident of California.

Generally, nonresidents are:

  • Simply passing through
  • Here for a brief rest or vacation
  • Here for a short period of time to complete:
    • A job
    • A transaction
    • Contract work

If you received a new stock grant from a CA company, when you sell the stock, it would be considered CA source income.

 

Here's more info from FTB Pub. 1100 and How to File a Non-Resident State Return

 

 

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