CA tax residency and safe harbor rule

Forum|Forum|2 years ago
January 8, 2024
2 replies
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Hi,

This question is related to CA tax residency and (likely) related to the safe harbor rule for someone to become a non-resident. The relevant information is shown below:

My wife and me are US citizens, were living in CA where we have rental properties (so we ll have California-source income) and moved this year (2024) outside USA (in Greece). My company transferred me internally to the corresponding Greek branch starting 1st of January with a full-time employment without an end date and my wife started medical residency (employment in a Greek hospital with a contract of 2 years).

A couple of questions:
1) Is there a dedicated application i need to do in order to apply for the CA safe harbor rule, or i just file 540NR for 2024 taxes together with some explanation/supporting documents?

2) If it is the latter, will turbotax guide me what material i need to provide/mail to the CA franchise board to prove that i am eligible for the CA safe harbor rule?

Best answer by TomD8

CA has no dedicated application for safe harbor status, nor does it require that any documentation be submitted with your tax return. But you should be able to prove that you qualify for safe harbor status in the event your return is audited. The key to safe harbor is that you must leave California under an employment-related contract.

You can read all the details of CA's safe harbor rule on pages 4-5 of this CA tax publication:

https://www.ftb.ca.gov/forms/2023/2023-1031-publication.pdf