Recommend Our Site to Your Friends!

Print This Page

Subject:  When does non-resident status take effect?
From:  Dan Holdsworth
Date:  Wed, 08 Dec 1999

Thank you for your service!

My wife and I are planning to move to Nevada in the near future, but will retain rental income property in California. We also own stock that we wish to sell after we meet residency requirements of Nevada. However, we are unsure how the California Franchise Tax Board will look at the stock sale, and are concerned that they may ask for taxes to be paid on the gain. We understand that Nevada will allow us residency status after only six weeks, but what will California say about this? Are we free to sell after six weeks without an obligation to pay the California taxes? (We have no plans to return to California as permanent residents, but must visit occasionally to check on our properties.)

Thanks again!!

Dan

Answer

Date:  20 Dec 1999

Hello Dan,

You really should get personal tax advice about your particular case.

Assuming the stock was not acquired using incentive stock options or non-qualified stock options, selling it after you become a Nevada resident should not be subject to California tax.

You will be required to file non-resident California income tax returns for the activity of your rental income property. Real estate has a situs in California and the operation and sale of the real estate is subject to California income tax.

Good luck!
Mike Gray

For answers to new questions, subscribe to our newsletter, Michael Gray, CPA's Tax & Business Insight by filling out the form below.

IRS Circular 230 Disclosure: As required by U.S. Treasury Regulations, you are hereby advised that any written tax advice contained on this website was not written or intended to be used (and cannot be used) by any taxpayer for the purpose of avoiding penalties that may be imposed under the U.S. Internal Revenue Code.