Part-year resident and nonresident | FTB.ca.gov (2024)

Part-year resident

If you lived inside or outside of California during the tax year, you may be a part-year resident.

As a part-year resident, you pay tax on:

  • All worldwide income received while a California resident
  • Income from California sources while you were a nonresident

Nonresident

A nonresident is a person who is not a resident of California.

Generally, nonresidents are:

  • Simply passing through
  • Here for a brief rest or vacation
  • Here for a short period of time to complete:
    • A job
    • A transaction
    • Contract work

This only applies if you’re domiciled outside of California. Visit Guidelines for Determining Resident Status (FTB Publication 1031) for more information.

Safe harbor

If you’re domiciled in California but are outside of California under an employment-related contract, you may qualify as a nonresident under safe harbor.

Visit FTB Publication 1031 for more information.

Do I need to file?

As a nonresident, you pay tax on your taxable income from California sources.

Sourced income includes, but is not limited to:

  • Services performed in California
  • Rent from real property located in California
  • The sale or transfer of real California property
  • Income from a California business, trade or profession

As a part-year resident, you pay tax on all worldwide income while you were a resident of California.

Visit the following publications for more information:

  • Guidelines for Determining Resident Status (FTB Publication 1031)
  • Taxation of Nonresidents and Individuals who Change Residency (FTB Publication 1100)
  • Equity-based Compensation Guidelines (FTB Publication 1004)

Leaving California?

Scenario 1:

You relocate to another state and continue to work remotely for a California employer. You periodically travel to and from California in order to perform services for your employer. You receive a W-2 from them. Do you need to file a California return and pay California income tax?

Answer: Yes.

If you are a part-year resident, you pay tax on:

  • All worldwide income received while you are a California resident
  • Income from California sources while you were a nonresident

During the nonresident portion of the year (or if you are a full-year nonresident), you will have California source income to the extent you physically performed services in California. You will need to file a California Nonresident or Part-Year Resident Income Tax Return California Nonresident or Part-Year Resident Income Tax Return (Form 540NR), to report the California sourced portion of your compensation. One way to calculate the portion of your income that is California sourced is to multiply your total amount of income for the year by a ratio of your total number of days performing services in California over your total number of days performing services worldwide.

CA Workdays / Total Workdays = % Ratio

% Ratio x Total Income = CA Sourced Income

There are special rules for "deferred" or Equity-Based Compensation. Visit FTB Publication 1004 for more information.

Scenario 2:

Similar to Scenario 1, except you perform all of your services outside of California after relocation. Do you need to file a California return and pay California income tax?

Answer: Maybe. Generally, if you are a nonresident and all services were performed outside of California, this would not be California sourced income. However, if you had "deferred" or Equity-Based Compensation, you may still have California sourced income. Visit FTB Publication 1004 for more information.

Scenario 3:

You temporarily relocate to another state for employment purposes, but plan to return, or have returned, to California.

Answer: You may still be considered a resident of California. California residents are taxed on income from all worldwide sources. If you paid tax to another state on this income, you may be entitled to an Other State Tax Credit.

If you’re domiciled in California but are outside of California under an employment-related contract, you may qualify as a nonresident under safe harbor.

Visit FTB Publication 1031 for more information.

Scenario 4:

You are an independent contractor/sole proprietor who relocates to another state. In addition to obtaining customers in your new state, you still perform services for California customers who receive the benefit of your services in California. Will you need to file a California return?

Answer: Yes.

California source income for independent contractors/sole proprietors is determined by looking to where the benefit of the service is received by the customer. The location where the independent contractor/sole proprietor performs the work is not a factor. Visit Market-based sourcing for independent contractors for more information.

Filing requirements

If your income is more than the amount shown in any of the tables below, you need to file a tax return.

Match your filing status, age, and number of dependents with the 2023 tax year tables below.

For previous year tables, visit that year's tax booklet.

Total gross income (worldwide)

Single or head of household
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Under 65 $21,561 $36,428 $47,578
65 or older $28,761 $39,911 $48,831
Married/RDP filing jointly or separately
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Both are under 65 $43,127 $57,994 $69,144
One spouse/RDP is 65 or older $50,327 $61,477 $70,397
Both are 65 or older $57,527 $68,677 $77,597
Qualifying surviving spouse/RDP
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Under 65 N/A $36,428 $47,578
65 or older N/A $39,911 $48,831

* If your 65th birthday is on January 1, 2024, you are considered to be age 65 on December 31, 2023. ↵Return to first table table under the header total gross income (worldwide)

California adjusted gross income

Single or head of household
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Under 65 $17,249 $32,116 $43,266
65 or older $24,449 $35,599 $44,519
Married/RDP filing jointly or separately
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Both are under 65 $34,503 $49,370 $60,520
One spouse/RDP is 65 or older $41,703 $52,853 $61,773
Both are 65 or older $48,903 $60,053 $68,973
Qualifying surviving spouse/RDP
Age as of December 31, 2023* 0 dependents 1 dependent 2 or more dependents
Under 65 N/A $32,116 $43,266
65 or older N/A $35,599 $44,519

* If your 65th birthday is on January 1, 2024, you are considered to be age 65 on December 31, 2023. ↵Return to first table under the header California adjusted gross income

Dependent filing requirement

If you can be claimed as a dependent on another person's tax return, you have a different standard deduction. It cannot be more than the normal standard deduction. Your standard deduction is the larger of:

  • Your earned income plus $400, or
  • $1,250 for the taxable year

California method for computing tax

California uses its own method for calculating the tax of part-year residents and nonresidents.

Visit Taxation of Nonresidents and Individuals who Change Residency (FTB Publication 1100) for more information.

What form to file

Nonresidents or part-year residents with a filing requirement must file:

  • Nonresidents or Part-Year Residents (540NR)

Visit 540NR Booklet for more information.

A nonresident return is required when a resident spouse and a nonresident spouse wish to file a joint return.

Withholding

Withholding is tax previously withheld from your income. Visit Withholding on nonresidents for more information.

Deductions

Deductions are certain expenses which may reduce your taxable income. Visit Deductions for more information.

Other state tax credit (OSTC)

If you paid taxes to both California and another state, you may be entitled to an OSTC. Visit Other state tax credit for more information.

Community property

California is a community property state. If one spouse is a resident of California and the other is a nonresident, then the California:

  • Resident may be required to report income earned outside of California.
  • Nonresident may be required to report income earned by the resident spouse.

Visit Guidelines for Determining Residency Status (FTB Publication 1031) for more information.

Part-year resident and nonresident | FTB.ca.gov (2024)

FAQs

What is the difference between nonresident and part-year resident? ›

Part-year resident and Nonresidents

If you lived inside or outside of California during the tax year, you may be a part-year resident. A nonresident is a person who is not a resident of California. File Nonresident or Part-Year Resident (Form 540NR).

What is the difference between part-year and nonresident in California? ›

Domiciled in California, but outside California for a temporary or transitory purpose. See Section L, Meaning of Domicile. A nonresident is any individual who is not a resident. A part-year resident is any individual who is a California resident for part of the year and a nonresident for part of the year.

What is the difference between a part-year resident and a nonresident in Massachusetts? ›

A Nonresident of Massachusetts is an individual who was not domiciled in Massachusetts but earned MA income. A Part-Year Resident is an individual that moved into or out of Massachusetts during the taxable year.

What does resident and non resident mean? ›

If you are not a U.S. citizen, you are considered a nonresident of the United States for U.S. tax purposes unless you meet one of two tests. You are a resident of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year (January 1 – December 31).

How do I know if I am resident or nonresident? ›

Substantial Presence Test

A non-resident alien is classified as a resident alien for tax purposes if they were physically present in the U.S. for 31 days during the current year and 183 days during a three-year period that includes the current year and the two years immediately before that.

Can you be a resident of two states? ›

Legally, you can have multiple residences in multiple states, but only one domicile. You must be physically in the same state as your domicile for most of the year and able to prove the domicile is your principal residence, “true home” or “place you return to.”

Are non residents taxed differently? ›

Filing requirements for nonresident aliens

They are subject to two different tax rates, one for effectively connected income, and one for fixed or determinable, annual, or periodic (FDAP) income that is non-effectively connected income.

What is the California ISR penalty? ›

The Individual Shared Responsibility Penalty is imposed on any applicable individual for any month in which they fail to enroll and maintain minimum essential healthcare coverage.

Can I own a home in California and not be a resident? ›

Simply owning a vacation home in California does not mean you are considered a resident or nonresident. This is where the term “temporary or transitory” comes into play in California residency law.

What is the difference between a nonresident and a part-year resident in New York State? ›

A Nonresident of New York is an individual that was not domiciled nor maintained a permanent place of abode in New York during the tax year. A Part-Year Resident is an individual that meets the definition of resident or nonresident for only part of the year.

What determines what state you are a resident of? ›

Most states will consider you a resident for tax purposes if you spend 183 days or more in that state. If you permanently moved to another state during the year, you may have to file a part-year resident return in both states.

How do I file taxes if I move halfway through the year? ›

When you move from one state to another during a tax year, you might need to file taxes in both states. Typically, you'll file a part-year resident return in each state, which accounts for the income you earned while you were a resident there.

What is the difference between a part-year resident and a nonresident in California? ›

The individual may have spent time outside of California on a temporary basis. A California Nonresident is any individual that is not a resident. A California Part-Year Resident is an individual that is a resident for part of the year and a nonresident for part of the year.

What is the 183 day rule in California? ›

In fact, the purpose of time spent in California may have more weight in determining legal residency than the actual number of days spent. To classify as a nonresident, an individual has to prove that they were in the state for less than 183 days and that their purpose for being in the state was temporary.

Do I have to pay California taxes if I move out of state? ›

Do I have to pay California income tax if I live out of state? As a nonresident living outside California, you still need to pay California income tax if you earn income from California sources. This includes income from services performed in California, rental property, or business operations within the state.

What does nonresident status mean for a student? ›

Because you and your parents are currently residents of another state, you are a nonresident for tuition purposes. If you graduated from high school in California, you might be eligible for an AB 540 nonresident exemption.

What is the difference between resident and nonresident tuition? ›

Tuition is generally more expensive for out-of-state students, who, as nonresidents, don't benefit from the educational subsidies funded by the state's tax. Because in-state students or their families have paid taxes that contribute to public university funding, they receive a reduced tuition rate.

What is a part-year resident of Freetaxusa? ›

You are a part-year resident of California if your permanent home was in California for only a portion of 2023 or you lived in California for a non-temporary purpose for a portion of the tax year.

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