Very nice, Slow traveler! Thank you, I'm glad the never pay taxes again series was helpful
California is messy. They are uber aggressive in collecting taxes, even from non-residents. Thus it is very important to be
ruthless in severing ties with California.
Their definition of residency is skewed in their favor:
A
California resident is any individual who meets any of the following:
- Present in California for other than a temporary or transitory purpose.
- Domiciled in California, but located outside California for a temporary or transitory purpose.
- Domicile is defined for tax purposes as the place where you voluntarily establish yourself and family, not merely for a special or limited purpose, but with a present intention of making it your true, fixed, permanent home and principal establishment. It is the place where, whenever you are absent, you intend to return.
For a complete definition, refer to "Meaning of Domicile" in Publication 1031 - Guidelines for Determining Resident Status.
Source Note use of the words like permanent & transitory.
The burden of proof that you have departed with the intention of never returning is on you. CA probably won't buy that you were a resident of SD in July if you didn't leave until September. The Oct - Dec period may depend in part on where you were... presumably in SD, but still working for the CA company? Read through the Publication 1031 and make sure you meet the criteria. Pay special attention to the phrase California Sourced Income... even the lawyers debate this (some horror stories
in this link..)
Questions they may ask:
Did you have a formal residence in SD, get an SD driver's license, close all CA bank accounts and open new ones in SD, attend church or community activities in SD, registered to vote, found a new Dr/dentist/lawyer, intend to return their as your permanent home, etc...?
If you have definitely cut ties with California, then future income should not be subject to CA tax. The 3 months could also potentially be CA tax free. Assuming you burned that bridge.[/list]