Part-year resident and nonresident | FTB.ca.gov (2024)

Part-year resident

If you lived inside or outside of California during the tax year, you may be a part-year resident.

As a part-year resident, you pay tax on:

  • All worldwide income received while a California resident
  • Income from California sources while you were a nonresident

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

This only applies if you’re domiciled outside of California. Visit Guidelines for Determining Resident Status (FTB Publication 1031) for more information.

Safe harbor

If you’re domiciled in California but are outside of California under an employment-related contract, you may qualify as a nonresident under safe harbor.

Visit FTB Publication 1031 for more information.

Do I need to file?

As a nonresident, you pay tax on your taxable income from California sources.

Sourced income includes, but is not limited to:

  • Services performed in California
  • Rent from real property located in California
  • The sale or transfer of real California property
  • Income from a California business, trade or profession

As a part-year resident, you pay tax on all worldwide income while you were a resident of California.

Visit the following publications for more information:

  • Guidelines for Determining Resident Status (FTB Publication 1031)
  • Taxation of Nonresidents and Individuals who Change Residency (FTB Publication 1100)
  • Equity-based Compensation Guidelines (FTB Publication 1004)

Leaving California?

Scenario 1:

You relocate to another state and continue to work remotely for a California employer. You periodically travel to and from California in order to perform services for your employer. You receive a W-2 from them. Do you need to file a California return and pay California income tax?

Answer: Yes.

If you are a part-year resident, you pay tax on:

  • All worldwide income received while you are a California resident
  • Income from California sources while you were a nonresident

During the nonresident portion of the year (or if you are a full-year nonresident), you will have California source income to the extent you physically performed services in California. You will need to file a California Nonresident or Part-Year Resident Income Tax Return (Form 540NR), to report the California sourced portion of your compensation. One way to calculate the portion of your income that is California sourced is to multiply your total amount of income for the year by a ratio of your total number of days performing services in California over your total number of days performing services worldwide.

CA Workdays / Total Workdays = % Ratio

% Ratio x Total Income = CA Sourced Income

There are special rules for "deferred" or Equity-Based Compensation. Visit FTB Publication 1004 for more information.

Scenario 2:

Similar to Scenario 1, except you perform all of your services outside of California after relocation. Do you need to file a California return and pay California income tax?

Answer: Maybe. Generally, if you are a nonresident and all services were performed outside of California, this would not be California sourced income. However, if you had "deferred" or Equity-Based Compensation, you may still have California sourced income. Visit FTB Publication 1004 for more information.

Scenario 3:

You temporarily relocate to another state for employment purposes, but plan to return, or have returned, to California.

Answer: You may still be considered a resident of California. California residents are taxed on income from all worldwide sources. If you paid tax to another state on this income, you may be entitled to an Other State Tax Credit.

If you’re domiciled in California but are outside of California under an employment-related contract, you may qualify as a nonresident under safe harbor.

Visit FTB Publication 1031 for more information.

Scenario 4:

You are an independent contractor/sole proprietor who relocates to another state. In addition to obtaining customers in your new state, you still perform services for California customers who receive the benefit of your services in California. Will you need to file a California return?

Answer: Yes.

California source income for independent contractors/sole proprietors is determined by looking to where the benefit of the service is received by the customer. The location where the independent contractor/sole proprietor performs the work is not a factor. Visit Market-based sourcing for independent contractors for more information.

Filing requirements

If your income is more than the amount shown in any of the tables below, you need to file a tax return.

Match your filing status, age, and number of dependents with the 2021 tax year tables below.

For previous year tables, visit that year's tax booklet.

Total gross income (worldwide)

Single or head of household
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Under 65 $19,310 $32,643 $42,643
65 or older $25,760 $35,760 $43,760
Married/RDP filing jointly or separately
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Both are under 65 $38,624 $51,957 $61,957
One spouse/RDP is 65 or older $45,074 $55,074 $63,074
Both are 65 or older $51,524 $61,524 $69,524
Qualifying widow(er)
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Under 65 N/A $32,643 $42,643
65 or older N/A $35,760 $43,760

* If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021. ↵Return to first table table under the header total gross income (worldwide)

California adjusted gross income

Single or head of household
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Under 65 $15,448 $28,781 $38,781
65 or older $21,898 $31,898 $39,898
Married/RDP filing jointly or separately
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Both are under 65 $30,901 $44,234 $54,234
One spouse/RDP is 65 or older $37,351 $47,351 $55,351
Both are 65 or older $43,801 $53,801 $61.801
Qualifying widow(er)
Age as of December 31, 2021* 0 dependents 1 dependent 2 or more dependents
Under 65 N/A $28,781 $38,781
65 or older N/A $31,898 $39,898

* If your 65th birthday is on January 1, 2022, you are considered to be age 65 on December 31, 2021. ↵Return to first table under the header California adjusted gross income

Dependent filing requirement

If you can be claimed as a dependent on another person's tax return, you have a different standard deduction. It cannot be more than the normal standard deduction. Your standard deduction is the larger of:

  • Your earned income plus $350, or
  • $1,100 for the taxable year

California method for computing tax

California uses its own method for calculating the tax of part-year residents and nonresidents.

Visit Taxation of Nonresidents and Individuals who Change Residency (FTB Publication 1100) for more information.

What form to file

Nonresidents or part-year residents with a filing requirement must file:

  • Nonresidents or Part-Year Residents (540NR)

Visit 540NR Booklet for more information.

A nonresident return is required when a resident spouse and a nonresident spouse wish to file a joint return.

Withholding

Withholding is tax previously withheld from your income. Visit Withholding on nonresidents for more information.

Deductions

Deductions are certain expenses which may reduce your taxable income. Visit Deductions for more information.

Other state tax credit (OSTC)

If you paid taxes to both California and another state, you may be entitled to an OSTC. Visit Other state tax credit for more information.

Community property

California is a community property state. If one spouse is a resident of California and the other is a nonresident, then the California:

  • Resident may be required to report income earned outside of California.
  • Nonresident may be required to report income earned by the resident spouse.

Visit Guidelines for Determining Residency Status (FTB Publication 1031) for more information.

Part-year resident and nonresident | FTB.ca.gov (2024)

FAQs

How is a part-year resident different from a nonresident? ›

Don't confuse part-year residency with nonresidency. Part-year residents are usually those who actually lived in the state for a portion of the year, although there are some exceptions to this rule. A nonresident simply made income in the state without maintaining a home there.

How do you calculate part-year resident income? ›

Estimate the number of weeks/months you worked at that job while a resident of one state and divide it by the total of number of weeks/months you worked at that job to come up with a factor. Apply the factor to your total income from that job to come up with the allocation for that state.

What are the rules for part-year resident in California? ›

If you lived inside or outside of California during the tax year, you may be a part-year resident. As a part-year resident, you pay tax on: All worldwide income received while a California resident. Income from California sources while you were a nonresident.

How do I prove I am not a California resident? ›

For driver's license cases, show that you are registered to vote in another state, that you pay nonresident college tuition in California (or resident tuition somewhere else), a homeowner's property tax exemption, anything that tends to show your presence in California is temporary, or anything that shows a permanent ...

How do I know if I am resident or nonresident? ›

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

How does IRS verify physical presence test? ›

Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least 330 full days during a 12-month period including some part of the year at issue. You can count days you spent abroad for any reason, so long as your tax home is in a foreign country.

Do I have to pay taxes in two states if I work remotely? ›

A worker may have tax obligations in any state where they reside and possibly the state where their employer's worksite is located. A permanent remote worker will file their personal income taxes in their state of residence, whether they are a W-2 employee or a 1099-NEC independent contractor.

What is the difference between nonresident and part-year resident in Massachusetts? ›

A Nonresident of Massachusetts is an individual who was not domiciled in Massachusetts but earned MA income. A Part-Year Resident is an individual that moved into or out of Massachusetts during the taxable year.

Can I have dual residency in 2 states? ›

you can have dual state residency when you have residency in two states at the same time. Here are the details: Your permanent home, as known as your domicile, is your place of legal residency. An individual can only have one domicile at a time.

What is the difference between a non resident and part year resident in California? ›

A nonresident is any individual who is not a California resident. And a part-year resident is any individual who is a California resident for part of the year and a nonresident for part of the year (e.g. someone who lives in both California and Nevada).

How long can a non resident stay in California? ›

You will be presumed to be a California resident for any taxable year in which you spend more than nine months in this state. Although you may have connections with another state, if your stay in California is for other than a temporary or transitory purpose, you are a California resident.

How many months do you have to live in California to be a resident? ›

To meet these requirements, you must be continuously physically present in California for more than one year (366 days) immediately prior to the residence determination date (generally the first day of classes) and intend to make California your home permanently.

How long can you live in California without declaring residency? ›

You must be continuously physically present in California for more than one year (366 days) immediately prior to the residence determination date of the term for which you request resident status.

How does California know if you are a resident? ›

Am I a resident? You're a resident if either apply: Present in California for other than a temporary or transitory purpose. Domiciled in California, but outside California for a temporary or transitory purpose.

What are two proofs of California residency examples? ›

TWO different documents proving California residency that include the first and last name and mailing address that will be shown on your REAL ID driver's license or identification card. Examples include a mortgage bill, home utility or cell phone bill, vehicle registration card, and bank statement.

Do I have to file a California nonresident tax return? ›

Generally, you must file an income tax return if you're a resident , part-year resident, or nonresident and: Are required to file a federal return. Receive income from a source in California.

Which is correct non-resident or nonresident? ›

Word forms: plural non-residents regional note: in AM, also use nonresident. adjective. A non-resident person is someone who is visiting a particular place but who does not live or stay there permanently. 100,000 non-resident workers would be sent back to their home villages.

When a person becomes non-resident? ›

Thus, if you are an Indian citizen or a person of Indian Origin, and you live outside India for 182 days or above, you will be an NRI.

What red flags does the IRS look for? ›

Some red flags for an audit are round numbers, missing income, excessive deductions or credits, unreported income and refundable tax credits. The best defense is proper documentation and receipts, tax experts say.

What is proof of physical presence or residence? ›

Certified/official high school or university transcripts, military records and official vaccination records are often excellent documents to present. Other types of documents are also acceptable if they have the cumulative effect of showing presence over time. A diploma does not necessarily show presence over time.

How long does it take IRS to verify accuracy? ›

If we need more information or need you to verify you sent the tax return, we will send you a letter. The resolution of these issues could take more than 120 days depending on how quickly and accurately you respond, and how quickly we can complete the processing of your return.

Can I live in a different state and work remotely? ›

Despite the fact that some remote employees can work from anywhere, many still choose to live and work from home in the same state as their employers. In this case, they will owe income taxes to the state where they work remotely, provided the state collects income tax.

How does living in one state and working in another affect taxes? ›

If you earn income in one state while living in another, you should expect to file a tax return for the state where you are living (your “resident” state). You may also be required to file a state tax return where your employer is located or any state where you have a source of income.

How long can I work remotely out of state? ›

In California, it's 45 days. Some states have a first-day rule, which means that if you work there for even one day, you owe state income tax. So, working remotely in your new home and traveling back to your old office could open you up to tax liability in both states.

What makes you a part year resident NY? ›

You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the tax year.

What is a part year resident and nonresident in New York? ›

Part-year resident status rules

If you're a part-year resident, you pay New York state tax on all income you received during the part of the tax year you were a resident of New York, plus on income from New York sources while you were a nonresident.

What are the residency rules for Massachusetts taxes? ›

Maintain a permanent place of abode in Massachusetts, and. Spend a total of more than 183 days of the tax year in Massachusetts, including days spent partially in Massachusetts. (Do not count days spent in Massachusetts while on active duty in the U.S. armed forces.)

What makes you a dual resident? ›

You are a dual-status alien when you have been both a U.S. resident alien and a nonresident alien in the same tax year. Dual status does not refer to your citizenship, only to your resident status for tax purposes in the United States.

What determines what state you are a resident of? ›

Your state of residence is determined by: Where you're registered to vote (or could be legally registered) Where you lived for most of the year. Where your mail is delivered.

Where do you pay taxes if you live in two states? ›

If both states collect income taxes and don't have a reciprocity agreement, you'll have to pay taxes on your earnings in both states: First, file a nonresident return for the state where you work. You'll need information from this return to properly file your return in your home state.

What does it mean to be a full year resident of another state? ›

A state with a 183-day residency rule, for example, will consider you a full-year resident for tax purposes if you spent more than half the year there.

Do I have to pay California taxes if I work remotely in another state? ›

Remote workers do not have to file nonresident state tax returns unless they physically travel to another state and perform work while they are there. In certain cases, a reciprocity agreement may protect workers from taxes in different states. Not all states levy a state income tax.

What is the 183 day rule in California? ›

Each state sets its own guidelines for what it defines as residency. It is true that you are considered a resident of California if you are in the state longer than 183 days (they are cumulative days, by the way, not consecutive), but the applicable “days rule” is more lenient in other states.

What is the 5 year rule non resident? ›

This five-year period is from when the individual's sole UK tax residence ceases. If a non-resident becomes resident again in the UK during this five-year period, any assets sold after leaving the UK will be taxed in the UK when the individual returns.

Can you own a house in California and not be a resident? ›

You do not have to be a resident of California to purchase property here. Nor do you have to be a citizen of the United States. While being a citizen and a resident can make financing easier, people from other places can hold property in their name as long as they can pay for it.

How long can you live somewhere without becoming a resident? ›

In fact, the purpose of time spent in California may have more weight in determining legal residency than the actual number of days spent. To classify as a nonresident, an individual has to prove that they were in the state for less than 183 days and that their purpose for being in the state was temporary.

What are the rules for part year resident in California? ›

If you lived inside or outside of California during the tax year, you may be a part-year resident. As a part-year resident, you pay tax on: All worldwide income received while a California resident. Income from California sources while you were a nonresident.

Is there a California exit tax? ›

The California Exit Tax proposes that if you or your business have been a full-time resident of the state of California and you make $30 million per year (or $15,000,000 if a married taxpayer is filing separately from their spouse), any money that you make from business, income or investments made in the state would be ...

How do I establish primary residence in California? ›

Primary Residence
  1. The property where you receive most of your mail.
  2. The address that is listed on your tax returns.
  3. The address listed on your driver's license.
  4. The address on your car registration.
  5. If the residence is a convenient distance from your place of employment.
Oct 25, 2019

How do I lose my residency in California? ›

Factors Supporting Termination of Domicile
  1. Commencing full-time employment in new home state.
  2. Few or no days spent in California subsequent to departure.
  3. Moving all household items and possessions to new home.
  4. Obtaining new doctor, dentist, and other social relationships in new home.
Dec 11, 2020

How do I become a nonresident in California? ›

Don't keep the house

In order to be a nonresident of California for tax purposes, the taxpayer must show that their domicile is in another state. The FTB will assume any taxpayer that left the state but kept a home in California has retained their California domicile (because they “intend to return”).

What is the difference between California resident and California nonresident? ›

A California Resident is a person that lived in California permanently for the full year. The individual may have spent time outside of California on a temporary basis. A California Nonresident is any individual that is not a resident.

What is the best proof of residency? ›

A utility bill, credit card statement, lease agreement or mortgage statement will all work to prove residency. If you've gone paperless, print a billing statement from your online account.

What are acceptable California residency documents? ›

(d) An acceptable residency document is:
  • (1) Rental or lease agreement with the signature of the owner/landlord and the tenant/resident.
  • (2) Deed or title to residential real property.
  • (3) Mortgage bill.
  • (4) Home utility bill including cellular phone bill.
  • (5) School document, as defined in Section 16.06(a)(1).

How long do you have to live in California to get a driver's license? ›

If you become a California resident, you must get a California DL within 10 days. Residency is established by voting in a California election, paying resident tuition, filing for a homeowner's property tax exemption, or any other privilege or benefit not ordinarily extended to nonresidents.

What is the difference between a nonresident and a part-year resident of New York? ›

A Nonresident of New York is an individual that was not domiciled nor maintained a permanent place of abode in New York during the tax year. A Part-Year Resident is an individual that meets the definition of resident or nonresident for only part of the year.

What qualifies as a part-year resident in Arizona? ›

An Arizona Part-Year Resident is an individual who did either of the following in 2021: You moved into Arizona with the intent of becoming a resident. You moved out of Arizona with the intent of giving up your Arizona residency.

What is considered a part-year resident in Maryland? ›

Statutory resident - You maintain and occupy a place of abode (that is a place to live) for more than 6 months of the tax year in Maryland. Part-Year Residents - If you either established or abandoned Maryland residency during the calendar year, you are considered a part-year resident.

How long do you have to live in New York to be a part year resident? ›

you spend 184 days or more in New York State during the taxable year. Any part of a day is a day for this purpose, and you do not need to be present at the permanent place of abode for the day to count as a day in New York.

What does nonresident status mean for a student? ›

Related Definitions

Non-resident students means current students of the College who are not in residence, which include students currently enrolled in the College's Non-resident program, students currently enrolled in the Theological School and students currently enrolled in Foundation Studies.

Do part year residents pay New York City tax? ›

If you moved into or out of New York during the tax year, you will need to file a Part Year Resident return and allocate your income.

What is the difference between nonresident and nonresident alien? ›

Resident aliens generally are taxed on their worldwide income, similar to U.S. citizens. A non-resident alien is a lawful permanent resident of the U.S. at any time if they have been given the privilege, according to the immigration laws, of residing permanently as an immigrant.

How long do you have to live in Massachusetts to be considered a resident? ›

Not only must a person maintain a permanent place of abode in Massachusetts, but a person must also spend more than 183 days in Massachusetts to meet the definition of a resident. For purposes of determining presence in Massachusetts, a day is defined as any part of a day spent in Massachusetts for whatever reason.

Can you have residency in two states? ›

Legally, you can have multiple residences in multiple states, but only one domicile. You must be physically in the same state as your domicile most of the year, and able to prove the domicile is your principal residence, “true home” or “place you return to.”

What is the minimum income to file taxes in 2023? ›

Single filers who are younger than 65 years old must file taxes if they earn more than 12,950 dollars per year, while those who are 65 or older need to do so if they make more than 14,700 dollars.

Top Articles
Latest Posts
Article information

Author: Jerrold Considine

Last Updated:

Views: 6515

Rating: 4.8 / 5 (58 voted)

Reviews: 81% of readers found this page helpful

Author information

Name: Jerrold Considine

Birthday: 1993-11-03

Address: Suite 447 3463 Marybelle Circles, New Marlin, AL 20765

Phone: +5816749283868

Job: Sales Executive

Hobby: Air sports, Sand art, Electronics, LARPing, Baseball, Book restoration, Puzzles

Introduction: My name is Jerrold Considine, I am a combative, cheerful, encouraging, happy, enthusiastic, funny, kind person who loves writing and wants to share my knowledge and understanding with you.