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Question

I am self-employed and I am currently a consultant to 3 companies in California. I am considering relocating to Nevada and establishing residency there. If I continue as a self-employed consultant to these companies in California, am I exempt from paying California state income tax for future income? Nevada has no state income tax, but I want to make sure what my situation is with the state of California. I appreciate your assistance. Mark

Submitted: 36 days and 5 hours ago.
Category: Tax
Value: $15
Status: CLOSED
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State/Country relating to question: California

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Looking on web sites for California state income tax information

Accepted Answer

Hello madmax,

State income taxes are imposed in two situations:

1. The state where you are a resident and
2. Any state where you physically work and have income

If you move to NV, you will have no resident tax there, because NV does not impose a state income tax. However, you would still be liable for tax in the state of CA if you physically worked in side of that state's borders.

If you work as a consultant for companies in CA, and all of that work is done from your home or office which is located in NV, then you will owe no CA state tax, even though the consulting work you do is for CA firms. On the other hand, if you actually physically go to the state of CA and work inside the offices of these companies, then you will be liable for paying CA state tax on that income. Occasional visits to the client's office would not constitute working within the state borders, as long as the majority of the work was actually performed from your home or your office in NV.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you madmax


Edited by Merlo on 10/17/2009 at 10:29 PM

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Expert: Merlo
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Answered: 10/17/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

36 days and 1 hours ago.

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Does California have a way of verifying how much time I spend in California versus Nevada? Just to clarify, it sounds like I need to spend >50% of my time working from my office in Nevada, correct? Or is there another definition used for 'majority of the work'? Does California generally audit these types of circumstances?

Posted by Merlo 35 days and 14 hours ago.

Answer

Hello again madmax,

I would say that you need to spend a lot more than 50% of your time working in Nevada. When I said the majority of work should be performed in NV, what I really meant to imply was that an occasional visit to your client would be permissible and would not be constituted as performing work inside the state of CA. But you really need to be performing all other duties, other than an occasional visit, inside the state of NV. If you split your time 50/50 between the two offices, you would owe CA tax.

As far as audits or as far as California actually knowing where you performed the work, they would not know where you performed the work. And if you truly do establish residency in another state, then once you are no longer a CA resident, it is not likely you would be questioned. One issue that may trigger an audit is if they were to audit one of your clients and it was found during that audit that the cleint had a consultant who worked in their offices who had not reported income to the state.

If this was helpful please press the Accept button.

Thank you madmax



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