Question

California Residency Question. Am I a Part Time Resident or Full Time Resident of CA?

Forum|Forum|3 years ago
August 22, 2022
1 reply
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Prior to 2021, I was filing as non-resident of California. I plan to file as a CA resident in 2021 but not sure if I'm considered partial year resident or full year resident given that I spent 220 days in California and included in that 220 days I was in CA from the beginning of the year (i.e. 1/1/21- 4/17/21). I maintained residence outside of California the entire 2021 year and only officially moved in 2022.

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NCPERSON1

@User49462 - you can only have one permanent residence at a time. It's a 'part year' resident., not a 'part time' resident.

Where are you registered to vote? where were your cars registered? what state provided your driver's liscence. Where do you get your mail. THAT is your permanent residence. if the answers to those questions mean that you were a permanent resident of another state all year in 2021, despite the fact that you had reasons to be in CA from January until April, you are still a permanent resident of that other state,. You'll file in that other state as well as a non-resident in CA.

if you 'officially' moved in 2022, meaning you changed where you can vote, get your mail, register your cars, etc. then from Jan 1 until you 'officially moved', you are a resident of that other state and then a CA resident from that date forward. In 2022, you'd file as a part year resident in both the other state and CA.

In 2023, you would be a full year CA resident (assuming you don't move again!)'

Look at Section G and H on Page 5

https://www.ftb.ca.gov/forms/2020/2020-1031-publication.pdf

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User49462Author

Car and driver's license is registered to Florida while mail is to FL but was forwarded to CA while I'm there. While I officially moved in 2022, the reason I'm contemplating filing as part year (or even full year resident) is because I spent 220 days in California (specifically 1/1/21 - 4/17/21 and 7/15/2 - 11/16/21).

Am I mistaken that because I've been in CA more than 180 days that I should be filing at the minimum part year resident?

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NCPERSON1

@User49462 - again, take the time to read the link and noted sections:

Look at Section G and H on Page 5

https://www.ftb.ca.gov/forms/2020/2020-1031-publication.pdf

CA does say you are considered a 'full year' resident, if you spent more than 9 months in the state; you did not. (which tells me you probably didn't read the material 😊)

How can you be a part time resident of CA, unless you are stating you kept moving your permanent residence back and forth between Florida and CA during the year. Did you keep changing your drivers licenses? where you were eligible to vote, where you registered your cars? I suspect not.

please read the material!!!!