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Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
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Experience:  15+ years tax preparation and tax advice.
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My domicile is Seattle, WA. I meet the following conditions

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My domicile is Seattle, WA. I meet the following conditions for residency in WA:
- location of all of the taxpayer's residential real property
- claim the homeowner's property tax exemption on a residence
- file federal tax returns and claim WA as the state of residence (WA has no state income tax, so I don't file a state return.)
- bank and savings accounts are all in WA
- checking & credit card accounts are all in WA
- maintain membership in WA social organizations & church
- auto registered in WA
- WA driver's license
- registered to vote in WA
- obtain medical services in WA

I have an employment contract with a company that ends in 2013 and am currently working out of my home. The company is relocating its design team from Valencia, Spain to San Francisco in support of a sporting event to be held in 2013, and I will be working in an office in San Francisco. I intend to rent an apartment on a month-to-month basis and return to Seattle permanently at the conclusion of my employment.

In addition to my employment contract, I receive a military pension and a pension from a WA aerospace firm. There is also the possibility of consulting income in WA state.

Does a two-year contract constitute a temporary purpose for the purpose of determining residency for California tax purposes?

If I return to WA on a regular basis such that I spend less than 6 mo in CA and work from my home the other 6+ months, am I considered a CA resident?

If I spend more than 6 mo but less than 9 mo in CA, will I be considered a nonresident for CA tax purposes?

If I file in CA as a non-resident, will my pensions be taxed?
Submitted: 5 years ago.
Category: Tax
Expert:  Wendy Reed replied 5 years ago.

Thank you for giving me the opportunity to assist you. I will give the best answer that I can with the information provided.

I can assist you with this and give you references. CA does not consider you a resident if you are there for temporary or transitory purpose. However, if you are assigned to CA workplace for a "long or indefinite" period of time, you will be considered a resident. CA does not define "long"---but does have a presumption of residency when an individual remains in CA for greater than 9 months. It is my feeling that a 2 year contract would be considered by CA to be "long" and that for that time they would consider you a resident.


I have some resources for you that show examples (although not your situation exactly)


If you worked from home (WA) for 6 months you would not be considered a CA resident for that period.

If you stayed in CA between 6-9 m onths, that would still be considered temporary.


Please let me know if I can assist you further.



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