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Kairvin2009
Returning Member

Live in FL, work in CA periodically, company based in MN

So I have seen many questions about companies based in CA but working remotely in another state.  None of them really answer my question... I live in Florida (legal domicile, registered to vote, vehicles registered).  The company I work for is based out of Minnesota.  I have recently been asked to take on a temporary assignment that has me traveling to and from CA every couple of weeks.  I was going to go out there for an extended stay of 10 weeks but was told there would be tax implications if I did.  Then as I started researching, it appears I may already have tax implications just for the 1 week visits I have already done.  

 

My questions:

 

1.  Are there tax implications for working in CA even if I do not consider it "home"?

2.  Is there a length of stay that would require a state return vice "just a visit"?

 

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5 Replies
rjs
Level 15
Level 15

Live in FL, work in CA periodically, company based in MN

Whether you have to file a California tax return depends on the amount of your income, not how much time you are there. (There's no such thing as "just a visit.") Any income that you earn for working in California is income from a California source, and is subject to California tax. If you have any California source income at all, you have to file a California nonresident tax return if your income is more than a certain amount. And the filing requirement is determined by your income "from all sources," not just from California sources. That's basically the total income on your federal tax return. You can read the details at the following link on the California Franchise Tax Board web site. You probably do have to file a California nonresident tax return.


Do I Have to File?


Since you live in Florida, which does not have a personal income tax, there is no concern about your California income also being taxed by Florida.


A temporary assignment in California will not make you a California resident, even if it's 10 weeks, as long as it is clearly temporary, Florida remains your home, and you intend to return to Florida when the temporary assignment ends.


It doesn't matter where the company that you work for is located. What matters is where you work and where you live.

 

Kairvin2009
Returning Member

Live in FL, work in CA periodically, company based in MN

I read somewhere that the CA tax is 13%.  Do you happen to know if the non-resident tax is 13% too?  

 

My taxable income is well over $35K ( I read somewhere that is the line to exceed). 

rjs
Level 15
Level 15

Live in FL, work in CA periodically, company based in MN

"Somewhere" is not a reliable source for tax information.


The California tax rates are the same for residents and nonresidents. It's not a single fixed rate. It's a sliding scale, like federal tax rates, and the rates depend on your filing status and income. The brackets range from 1% to 12.3%. You can see the Tax Rate Schedules at the following link, or see below for a PDF.


2019 California Tax Rate Schedules


The "line to exceed" for filing a California nonresident tax return depends on your filing status, age, and number of dependents. See the chart at the link in my first reply above, or the PDF below.


The charts for the filing requirements and the Tax Rate Schedules might be easier to read in the PDF of the Form 540NR instructions. You can download it from the following link. The filing requirements are on page 3 and the Tax Rate Schedules are on page 92.


Form 540NR Booklet

 

Kairvin2009
Returning Member

Live in FL, work in CA periodically, company based in MN

I have to fill out a tax allocation form for my company.  How do I calculate the percentage of time in CA vice FL?  Do the weekends count as days?  Do I only use work days as part of my calculation?  Do days I travel count as a CA wage day (travel to CA without working on Monday or travel home on Friday without working any part of the day in CA)?

 

Please excuse the ignorance if my next few questions seem stupid:

 

364 days in a year - 104 days are weekends (Sat, Sun) - which leaves 260 days as "working days".  If my company wants me there 3 weeks out of 4 that would equate to 75% of my time spent in CA or a total of 195 days in CA and 65 days in FL. 

 

If I am not spending 195 working days in CA do I make this % less?  

I didn't start working on the project until August so I will not be there the full 75%.  Next year, I am expected to be out there more time but the temporary assignment is due to end in Sept.  Do I give a calculation for this year and at the end of the year change it?

 

Live in FL, work in CA periodically, company based in MN


@Kairvin2009 wrote:

I have to fill out a tax allocation form for my company.  How do I calculate the percentage of time in CA vice FL?  Do the weekends count as days?  Do I only use work days as part of my calculation?  Do days I travel count as a CA wage day (travel to CA without working on Monday or travel home on Friday without working any part of the day in CA)?

 

Please excuse the ignorance if my next few questions seem stupid:

 

364 days in a year - 104 days are weekends (Sat, Sun) - which leaves 260 days as "working days".  If my company wants me there 3 weeks out of 4 that would equate to 75% of my time spent in CA or a total of 195 days in CA and 65 days in FL. 

 

If I am not spending 195 working days in CA do I make this % less?  

I didn't start working on the project until August so I will not be there the full 75%.  Next year, I am expected to be out there more time but the temporary assignment is due to end in Sept.  Do I give a calculation for this year and at the end of the year change it?

 


You need to follow the California tax regulations.

https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html

https://www.ftb.ca.gov/forms/2019/2019-1031-publication.pdf

 

See in particular page 5.

 

Regarding percentages, I suggest you count the number of days actually in CA, including non-working days, as a percentage of 365 (not 364).  This increases your CA percentage if you stay in CA on weekends but decreases your CA percentage if you sometimes fly home.  (If you adopted a method of only counting working days, then you could only count working days in Florida, too.  Whether you are talking 274 days out of 365, or 195 working days out of 260, the percentage is basically the same.)

 

You count the actual days that you are "in" California.  Keep a calendar and other records of your travel.  I would count travel days based on where you sleep each night.  

 

It will also be important to keep documentation from work that the assignment is temporary with a definite end date.  If the assignment is indefinite (no planned end date) then CA will want to call you a full year resident.  See page 7 of the linked PDF.  And to keep documentation that your domicile remains Florida, where you maintain your significant financial, social and personal ties.

 

You will need to ask your company about the allocation form.  Presumably they want to know how much of your wages to withhold CA tax on.  If you will be working roughly 75% of the time in CA starting on a certain date (75% of each month) then that's probably what you need to put on the form, since they won't start withholding CA wages until you turn the form in and your assignment starts.  If you allocated a net yearly percentage, you would probably be under-withheld, presuming I have correctly guessed the purpose of the form. 

 

If the allocation form determines your CA tax withholding and you get it wrong, the worst that happens is you are under- or over-withheld in CA and you get a refund or owe tax when you file your return.  Your situation is a little less complicated than most because you don't also pay income tax in your domicile state, which would involve other adjustments. 

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