FTB Pub. 1100 Taxation of Nonresidents and Individuals Who Change Residency Revised: 10/2024

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A. Introduction

This publication provides information on the current method for computing tax if you:

  • Have always been a California nonresident.
  • Change residency from California (move out).
  • Change residency to California (move in).

FTB Publication 1031, Guidelines for Determining Resident Status, will help you determine your residency status and whether your income is taxable by California.

Key

State abbreviations used in this publication:

  • CA - California
  • NY - New York
  • WA - Washington
  • FL - Florida
  • WY - Wyoming
  • TX - Texas
  • NV - Nevada

B. Tax Computation Method

If you are a nonresident or a part-year resident, you determine your California tax by multiplying your California taxable income by an effective tax rate. The effective tax rate is the California tax on all income as if you were a California resident for the current taxable year and for all prior taxable years for any carryover items, deferred income, suspended losses, or suspended deductions, divided by that income. Use the following formula:

Prorated tax = CA taxable income × Tax on total taxable income ÷ Total taxable income

Key Definitions

California Taxable Income
California adjusted gross income (AGI) less California itemized or standard deductions.
California AGI
Gross income and deductions derived from California sources for any part of the taxable year during which you were a nonresident plus all items of gross income and all deductions, regardless of source, for any part of the taxable year during which you were a resident.
Total AGI
The adjusted gross income from all sources for the entire taxable year.
California Itemized or Standard Deductions
Determined by applying the ratio of California AGI to total AGI to all itemized or standard deductions allowed to California residents.
Total Taxable Income
The entire taxable income determined as if you were a California resident for the current taxable year and for all prior taxable years for any carryover items, deferred income, suspended losses, or suspended deductions.
Restate
To refigure prior year carryovers or pass-through entity basis amounts to determine the allowable amount in the current year. Prior year tax returns are not amended.
Registered Domestic Partner (RDP)
Two persons who filed a Declaration of Domestic Partnership with the California Secretary of State.

Percentage Calculations

Apply ratios as described for the following items to determine the CA amount.

Itemized or Standard Deductions - Divide the California AGI by the total AGI (the result cannot exceed 1.0):

CA AGI ÷ Total AGI

Tax Rate - Divide the tax on total taxable income by the total taxable income:

Tax on total taxable income ÷ Total taxable income

Credits - Divide the California taxable income by the total taxable income:

CA taxable income ÷ Total taxable income

This percentage does not apply to renter’s credit, other state tax credit, or credits conditional upon a transaction occurring wholly within California. California allows these credits in full.

The following example shows how the calculation works.

Example 1

You were a Florida resident until March 31, 2023. While a Florida resident, you earned and received wage income of $15,000 and interest income of $1,000. On April 1, 2023, you permanently moved to California. While a California resident, you earned and received wage income of $65,000 and interest income of $3,000. You are single and had the following itemized deductions in 2023:

Real estate taxes, CA house $1,200
Real estate taxes, FL house 800
Mortgage interest, CA house 17,000
Mortgage interest, FL house 3,500
Charitable contribution, NY Firefighters’ Fund 1,500
Total: $24,000
Determination

Calculate your 2023 California tax liability as follows:

CA wages $65,000
Interest earned while a CA resident + 3,000
CA AGI: $68,000
Wages from all sources $80,000
Interest income from all sources + 4,000
Total AGI: $84,000
Total itemized deductions $24,000
CA AGI ÷ Total AGI × .8095
CA itemized deductions: $19,428
CA AGI $68,000
CA itemized deductions - 19,428
CA taxable income: $48,572
Total AGI $84,000
Total itemized deductions - 24,000
Total taxable income: $60,000
Tax on total taxable income: (from Tax table) $ 2,341
CA taxable income $48,572
Tax on total taxable income ÷ total taxable income × .0390
Prorated tax: $ 1,894
Personal exemption credit $ 144
CA taxable income ÷ total taxable income × .8095
Prorated exemption credit: $ 117
Prorated tax $ 1,894
Prorated exemption credit − 117
Tax liability: $ 1,777

C. Installment Sales

California taxes installment gains received by a nonresident from the sale of tangible property and intangible property that is sourced to California. California taxes real property based upon where the property is located. Installment gains from the sale of intangible property are generally sourced to the recipient’s state of residence at the time of the sale. California taxes residents on all income regardless of source.

Always a Nonresident

California taxes the installment proceeds received by a nonresident to the extent the income from the sale was from a California source.

Example 2

You have always been a nonresident of California. On March 1, 2022, you sold a California rental property in an installment sale. During 2022 and 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

The capital gain income is taxable by California in both 2022 and 2023, because the property was located in California. The interest income is not taxable by California and has a source in your state of residence.

Example 3

You have always been a nonresident of California. On June 4, 2022, you sold a parcel of land located in Idaho on an installment basis. During 2022 and 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

Your capital gain income is not taxable by California because the source of the gain is Idaho. The interest income is not taxable by California and has a source in your state of residence.

Change of Residency to California (move in)

If you are a California resident who sold property located outside California on the installment basis while a nonresident, your installment proceeds while a California resident are taxable by California.

Example 4

On July 1, 2022, while a nonresident of California, you sold a Texas rental property in an installment sale. On May 15, 2023, you became a California resident and on August 1, 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

Your capital gain income and interest income received on August 1, 2023, are taxable by California because you were a California resident when you received the proceeds.

Example 5

On September 1, 2021, while a nonresident of California, you sold stock (intangible property) in an installment sale. On June 1, 2023, you became a California resident and on October 1, 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

Your capital gain income and interest income received on October 1, 2023, are taxable by California because you were a California resident when you received the proceeds.

Change of Residency From California (move out)

If you are a former California resident, your installment proceeds from the sale of property located outside California that you sold while you were a California resident are not taxable by California.

Example 6

In June 2022, while a California resident, you sold a parcel of real property located in Washington in an installment sale. On March 1, 2023, you became an Ohio resident, and on June 1, 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

The capital gain income is not taxable by California because the property was not located in California. The interest income is not taxable by California because you were a nonresident of California when you received the proceeds.

Example 7

In March 2022, while a California resident, you sold a parcel of real property located in California in an installment sale. On June 1, 2023, you became a Washington resident, and on August 1, 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

The capital gain income is taxable by California because the property you sold was located in California. The interest income is not taxable by California because you were a nonresident of California when you received the proceeds.

Example 8

In September 2022, while a California resident, you sold stock (intangible property) in an installment sale. On February 1, 2023, you became a Florida resident, and on May 1, 2023, you received installment proceeds comprised of capital gain income and interest income.

Determination

The capital gain income from the sale of the stock is taxable by California because you were a California resident when you sold the stock. The interest income is not taxable by California because you were a nonresident of California when you received the proceeds.

D. Individual Retirement Accounts, Employer-Sponsored Retirement Plans, and Compensation

Nonresident

California does not tax the IRA distributions, qualified pension, profit sharing, and stock bonus plans of a nonresident. California taxes compensation received by a nonresident for performance of services in California.

Example 9

You are a nonresident of California and live and work in Wyoming. Your Wyoming employer temporarily assigns you to California for four months to complete a project. You continue to receive your paycheck from your employer’s Wyoming headquarters. You earn $5,000 per month.

Determination

Because you performed four months of services in California, $20,000 ($5,000 × 4 months) of your compensation has a source in California and is taxable by California.

Example 10

You lived and worked exclusively in California until you retired on December 31, 2022. You moved to Nevada on January 1, 2023. Your former California employer pays its employees on the 5th of every month. On January 10, 2023, you received in the mail your last paycheck of $4,000 from your former California employer.

Determination

The $4,000 of compensation is taxable by California because the income has a source in California, the state where you performed your services.

Employer-Sponsored Retirement Plans

California taxes residents on all income regardless of source.

Example 11

You permanently moved from Florida to California on January 1, 2022. You received pension income during 2022 through a qualified plan from your former Florida employer.

Determination

Your qualified pension income is taxable by California because you were a California resident when you received the income.

Compensation

California taxes residents on all income regardless of source.

Example 12

You lived and worked in New York until April 30, 2023. You permanently moved to California on May 1, 2023. Your former New York employer pays their employees on the 5th of every month. On May 8, 2023, you received in the mail your last paycheck of $3,000 from your former New York employer.

Determination

The $3,000 of compensation is taxable by California because you were a California resident when you received the income. If you also paid tax to New York on this compensation, you are allowed a credit for taxes paid.

Get California Schedule S, Other State Tax Credit, for more information.

E. Stock Options

Nonresident

California taxes the wage income received by a nonresident from employee stock options on a source basis, whether you were always a nonresident or were formerly a California resident.

Example 13

On February 1, 2020, while a California resident, you were granted nonstatutory stock options. You performed all of your services in California from February 1, 2020, to May 1, 2023, the date you left the company and permanently moved to Texas. On June 1, 2023, you exercised your nonstatutory stock options.

Determination

The income resulting from the exercise of your nonstatutory stock options is taxable by California because the income is compensation for services having a source in California, the state where you performed all of your services.

Change of Residency to California (move in)

If you exercise nonstatutory stock options while a California resident, the resulting compensation is taxable by California because the wage income is recognized while you are a California resident.

If you dispose of statutory stock options in a disqualifying disposition, the resulting compensation and capital gain, if any, are taxable by California because the wage income and capital gain are recognized while you are a California resident.

California also taxes the capital gain income received by a former nonresident from the sale of stock in a qualifying disposition of statutory stock options because the stock is sold while the taxpayer is a resident.

Example 14

On March 1, 2019, while a Nevada resident, you were granted nonstatutory stock options. On April 1, 2023, you retired and permanently moved to California. On May 1, 2023, you exercised your options.

Determination

The compensation resulting from the exercise of your nonstatutory stock options is taxable by California because you were a California resident when the income was recognized.

California also taxes the capital gain income received by a former nonresident from the sale of stock in a qualifying disposition of statutory stock options because the stock is sold while the taxpayer is a resident.

Example 15

On February 1, 2019, while a Texas resident, you were granted incentive stock options. On February 1, 2022, you exercised your options. On December 1, 2022, you permanently moved to California and sold your stock on March 1, 2023, for a gain.

Determination

The resulting capital gain is taxable by California because you were a California resident when you sold the stock.

Get FTB Publication 1004, Stock Option Guidelines, for additional information on the California taxation of stock options.

F. Deferred Gains and Losses (like-kind exchanges)

When you exchange one kind of property for the same kind of property under the requirements of Internal Revenue Code (IRC) Section 1031, you realize a gain or loss on the transaction and defer paying tax on the gain or claiming the loss until the property is sold or otherwise disposed of. A gain or loss from the sale or exchange of real or tangible personal property located in California is sourced to California at the time the gain or loss is realized.

California Property Exchanged for Out-of-State Property

If you are a nonresident and exchange real or tangible property located within California for real or tangible property located outside California, the realized gain or loss will be sourced to California. Taxation will not occur until the gain or loss is recognized.

For taxable years beginning on or after January 1, 2014, California Revenue and Taxation Code (R&TC) Sections 18032 and 24953 require California resident and nonresident taxpayers who defer gain on the sale or exchange of California property for out-of-state replacement property under IRC Section 1031 to file an annual information return with FTB. All taxpayers, regardless of residence status or commercial domicile, who exchange real property located in California for like-kind property located outside of California, must file form FTB 3840 with their California tax return. Taxpayers who exchange multiple assets involving both real and personal property located in California for like-kind property located outside of California are also subject to this requirement. Taxpayers who exchange only personal property assets are not required to file form FTB 3840.

Example 16

As a resident of Texas, you exchanged a condominium located in California for like-kind property located in Texas. You realized a gain of $15,000 on the exchange that was properly deferred under IRC Section 1031. You then sold the Texas property in a nondeferred transaction and recognized a gain of $20,000.

Determination

The $15,000 deferred gain (the lesser of the deferred gain or the gain recognized at the time you disposed of the Texas property) has a source in California and is taxable by California.

Out-of-State Property Exchanged for California Property

If you exchange real or tangible property located outside California for real or tangible property located within California, the gain recognized when you sell or otherwise dispose of the California property in a nondeferred transaction has a California source and is taxable by California.

Example 17

As a resident of Nevada, you exchanged Nevada business property for like-kind California business property. You realized a $10,000 gain on the exchange that was properly deferred under IRC Section 1031. You then sold the California business property in a nondeferred transaction and recognized a gain of $50,000.

Determination

$40,000 of gain has a California source and is taxable by California.

Example 18

While a resident of Kansas, you exchanged real property located in Kansas for like‑kind real property located in California. You realized a $12,000 gain on the exchange that was properly deferred under IRC Section 1031. You then became a California resident and, while a resident, you sold the California property in a nondeferred transaction and recognized a gain of $40,000.

Determination

California taxes the $40,000 gain because you were a California resident at the time of the sale. If you paid tax to Kansas on the $12,000 deferred gain, you are allowed a credit for taxes paid.

G. Gains and Losses From the Sale of Trade or Business Property

When you sell property used in a trade or business or certain involuntary conversions (IRC Section 1231 property), losses are netted against gains. If Section 1231 losses exceed Section 1231 gains, the losses receive ordinary tax treatment. If Section 1231 gains exceed Section 1231 losses, the gains receive capital gain tax treatment. Section 1231 gains and losses retain this characterization regardless of whether you change your residency status.

For purposes of computing California taxable income, net only California source Section 1231 gains and losses.

Example 19

You are a resident of Washington. In 2023, your California and non-California source Section 1231 gains and losses included a $3,000 California gain, a $2,000 California loss, a $4,000 Washington gain, and a $5,000 Washington loss.

Determination

Based upon the netting of your total and California source Section 1231 gains and losses, determine your capital gain or ordinary loss as follows:

Taxable Year 2023 Total Taxable Income CA Taxable Income
CA Section 1231 gain $ 3,000 $ 3,000
CA Section 1231 loss (2,000) (2,000)
WA Section 1231 gain 4,000
WA Section 1231 loss (5,000)
Capital gain $ 0 $1,000

Example 20

You are a resident of Florida. In 2023, your California and non‑California source Section 1231 gains and losses included a $2,500 California gain, a $3,000 California loss, a $1,000 Florida gain, and a $500 Florida loss.

Determination

Based upon the netting of your total and California source Section 1231 gains and losses, determine your capital gain or ordinary loss as follows:

Taxable Year 2023 Total Taxable Income CA Taxable Income
CA Section 1231 gain $ 2,500 $ 2,500
CA Section 1231 loss (3,000) (3,000)
FL Section 1231 gain 1,000
FL Section 1231 loss (500)
Ordinary loss $ 0 $ ( 500)

H. Capital Gains and Losses

Always a Nonresident

If you have always been a nonresident of California, you determine capital loss carryovers and capital loss limitations based only upon California source income and loss items in order to compute California taxable income.

Example 21

You have always been a New York resident. In 2022, your California and non-California source capital gains and losses included California capital gains of $2,000, California capital losses of $6,000, New York capital gains of $5,000, and New York capital losses of $2,000. You had no capital loss carryovers prior to 2022.

Determination

Net your capital gains and losses to determine the capital losses allowed in 2022 (the $3,000 limitation applies) and the capital loss carryover to 2023.

Taxable Year 2022 Total Taxable Income CA Taxable Income
CA capital gain $ 2,000 $ 2,000
CA capital loss (6,000) (6,000)
NY capital gain 5,000
NY capital loss (2,000)
Total $(1,000) $(4,000)
Capital loss allowed in 2022 1,000 3,000
Capital loss carryover to 2023 $ 0 $(1,000)

Change of Residency to California (move in)

If you have capital loss carryovers and were a nonresident of California in prior years, the capital loss carryovers need to be restated as if you had been a California resident for all prior years.

Example 22

Assume the same facts as Example 21. On January 1, 2023, you become a California resident. During 2023, you sell property located in Wyoming for a capital gain of $5,000 and incur a $4,000 capital loss from the sale of property located in California.

Determination

Step 1: Restate your 2022 capital loss carryover as if you had been a California resident for all prior years.

2022 Restatement: Total Taxable Income
CA capital gain $ 2,000
CA capital loss (6,000)
NY capital gain 5,000
NY capital loss (2,000)
Total $(1,000)
Capital loss allowed in 2022 1,000
Capital loss carryover to 2023 $ 0

Step 2: Net your capital gains and losses to determine the amount of capital gain income to include in total taxable income.

Taxable Year 2023 Total Taxable Income
CA capital loss $ (4,000)
WY capital gain 5,000
Capital loss carryover 0
Capital gain income $ 1,000

Change of Residency From California (move out)

If you have capital loss carryovers and you become a nonresident of California, your capital loss carryovers need to be restated as if you had been a nonresident of California for all prior years.

Example 23

Assume the same facts as Examples 21 and 22. On January 1, 2024, you become a nonresident of California again. During 2024, you sell property located in Texas for a capital gain of $8,000, sell property located in California for a $9,000 capital gain, and incur a $5,000 capital loss from the sale of property located in California.

Determination

Step 1: Restate your capital loss carryovers as if you had been a nonresident of California for all prior years by netting your capital gains and losses from California sources only.

2022 Restatement:
Total Taxable Income CA Taxable Income
CA capital gain $ 2,000 $ 2,000
CA capital loss (6,000) (6,000)
NY capital gain 5,000
NY capital loss (2,000)
Total $(1,000) $(4,000)
Capital loss allowed in 2022 1,000 3,000
Capital loss carryover to 2023 $ 0 $(1,000)
2023 Restatement:
Total Taxable Income CA Taxable Income
CA capital loss, 2023 $ (4,000) $ (4,000)
WY capital gain 5,000
Capital loss carryover from 2022 (1,000)
Capital gain or loss $ 1,000 $ (5,000)
Capital loss allowed in 2023 3,000
Capital loss carryover to 2024 $ 0 $ (2,000)

Step 2: Net your capital gains and losses to determine the amount of capital gain income to include in total taxable income and California taxable income.

Taxable Year 2024 Total Taxable Income CA Taxable Income
CA capital gain $ 9,000 $ 9,000
CA capital loss (5,000) (5,000)
TX capital gain 8,000
Total $ 12,000 $ 4,000
Capital loss carryover from 2023 0 (2,000)
Capital gain income $ 12,000 $ 2,000

Part-Year Resident

If you changed your residency, compute income and deductions using resident rules for the period of the year you were a California resident and nonresident rules for the period of the year you were a nonresident. Compute any prior year carryover loss as if you were a California resident for all prior years and as if you were a nonresident for all prior years. Prorate both capital loss carryover amounts based upon the period of California residency and the period of nonresidency during the year.

Example 24

You became a California resident on July 1, 2022. Your total and California source capital gains and losses for 2022 are as follows:

Before July 1 After July 1
Total capital gains $ 10,000 $ 8,000
CA source capital gains 7,000 4,000
Total capital losses (2,000) (3,000)
CA source capital losses (1,000) (3,000)

Your capital loss carryover from 2021 was $7,000, as if you had been a California resident for all prior years and $5,000, as if you had been a nonresident for all prior years.

Determination

Step 1: Net your total capital gains and losses for the period of residency and your California source capital gains and losses for the period of nonresidency.

CA capital gains, before July 1, 2022 $ 7,000
CA capital losses, before July 1, 2022 (1,000)
Total capital gains, after July 1, 2022 8,000
Total capital losses, after July 1, 2022 (3,000)
Capital gain before carryover losses $11,000

Step 2: Prorate your capital loss carryover amounts based upon periods of California residency and nonresidency during 2022.

Period of Residency
2021 carryover, as if a CA resident for all prior years $(7,000)
CA resident days ÷ total days—184 ÷ 365 × .5041
Prorated 2021 capital loss carryover $(3,529)
Period of Nonresidency
2021 carryover, as if a nonresident for all prior years $(5,000)
Nonresident days ÷ total days—181 ÷ 365 × .4959
Prorated 2021 capital loss carryover $(2,479)

Step 3: Compute your capital gain or loss to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Capital gain before carryover losses $11,000
Capital loss carryover, resident period (3,529)
Capital loss carryover, nonresident period (2,479)
Capital gain, 2022 $ 4,992

Get California 540NR, Nonresident or Part-Year Resident Booklet, for more information regarding the reporting of capital gains and losses.

I. Passive Activities

Always a Nonresident

If you have always been a nonresident of California, you determine the allowed passive activity losses and suspended losses based only upon California source passive income and loss items to compute California taxable income. Only California source passive losses carry forward into the following year.

Example 25

You have always been a resident of Texas. Prior to 2022, you were not engaged in any passive activities. During 2022, you purchased rental properties in both California and Texas. In 2022, your California and non-California source passive income and losses included California rental income of $2,000, California rental losses of $30,000, and Texas rental income of $4,000.

Determination

Based upon the netting of your passive income and losses and the allowance of up to $25,000 for rental losses, determine your passive losses allowed in 2022 and suspended to 2023 as follows:

Taxable Year 2022 Total Taxable Income CA Taxable Income
CA rental income $ 2,000 $ 2,000
CA rental losses (30,000) (30,000)
TX rental income 4,000
Total $ (24,000) $ (28,000)
Allowed rental losses 24,000 25,000
Suspended loss to 2023 $ 0 $ (3,000)

Example 27

You have always been a resident of New York. Prior to 2022, you were not engaged in any passive activities. During 2022, you became engaged in California and non-California passive activities. In 2022, your passive income and losses included California source partnership income of $2,000, California source S corporation losses of $8,000, and New York partnership income of $3,000.

Determination

Based upon the netting of your passive income and losses, determine your suspended losses to be carried forward to 2023 as follows:

Taxable Year 2022 Total Taxable Income CA Taxable Income
CA partnership income $ 2,000 $ 2,000
CA S corporation loss (8,000) (8,000)
NY partnership income 3,000
Suspended loss to 2023 $ (3,000) $ (6,000)

Change of Residency to California (move in)

If you had suspended passive losses and were a nonresident of California in prior years, the suspended passive losses need to be restated as if you had been a California resident for all prior years.

Example 27

Assume the same facts as Example 26. On January 1, 2023, you become a California resident. In 2023, your passive income and losses include California source partnership income of $3,000, California source S corporation losses of $1,000, and New York source partnership income of $7,000.

Determination

Step 1: Restate your 2022 suspended passive loss as if you had been a California resident for 2022.

2022 Restatement: Total Taxable Income
CA partnership income $ 2,000
CA S corporation loss (8,000)
NY partnership income 3,000
Suspended passive loss to 2023 $ (3,000)

Step 2: Net your passive income and losses to determine the amount of passive income to include in total taxable income.

Taxable Year 2023 Total Taxable Income
CA partnership income $ 3,000
CA S corporation loss (1,000)
NY partnership income 7,000
Total $ 9,000
Suspended passive loss, 2022 (3,000)
Passive income, 2023 $ 6,000

Change of Residency From California (move out)

If you have suspended passive losses and you become a nonresident of California, your suspended passive losses need to be restated as if you had been a nonresident of California for all prior years.

Example 28

Assume the same facts as Examples 26 and 27. On January 1, 2024, you become a nonresident of California again. During 2024, your passive income and losses include California source partnership income of $15,000, California source S corporation losses of $7,000, and New York source partnership income of $2,000.

Determination

Step 1: Restate your suspended passive losses as if you had been a nonresident of California for all prior years by netting passive income and passive losses from California sources only.

2022 Restatement:
Total Taxable Income CA Taxable Income
CA partnership income $ 2,000 $ 2,000
CA S corporation loss (8,000) (8,000)
NY partnership income 3,000
Suspended passive loss to 2023 $ (3,000) $ (6,000)
2023 Restatement:
Total Taxable Income CA Taxable Income
CA partnership income $ 3,000 $ 3,000
CA S corporation loss (1,000) (1,000)
NY partnership income 7,000
Total $ 9,000 $ 2,000
Suspended loss from 2022 (3,000) (6,000)
Income or suspended loss, 2023 $ 6,000 $ (4,000)

Step 2: Net your passive income and losses to determine the amount of passive income to include in total taxable income and California taxable income.

Taxable Year 2024 Total Taxable Income CA Taxable Income
CA partnership income $ 15,000 $ 15,000
CA S corporation loss (7,000) (7,000)
NY partnership income 2,000
Total $ 10,000 $ 8,000
Suspended loss from 2023 0 (4,000)
Passive income, 2024 $ 10,000 $ 4,000

Part-Year Resident

If you changed your residency, compute income and deductions using resident rules for the period of the year you were a California resident and nonresident rules for the period of the year you were a nonresident. Compute any suspended passive losses as if you were a California resident for all prior years and as if you were a nonresident for all prior years. Prorate both suspended passive loss amounts based upon the period of California residency and the period of nonresidency during the year.

Example 29

You became a nonresident of California on October 1, 2023. Your passive activities did not include any rental properties. Your total and California source passive income and losses for 2023 were as follows:

Before 10/1 After 10/1
Total passive income $ 13,500 $ 4,500
CA passive income 7,500 2,500
Total passive losses (3,000) (1,000)
CA passive losses (6,000) (2,000)

Your suspended passive loss from 2022 was $7,000, restated as if you had been a California resident for all prior years and $5,000, restated as if you had been a nonresident for all prior years.

Determination

Step 1: Net your total passive income and losses for the period of residency and your California source passive income and losses for the period of nonresidency.

Total passive income, before October 1, 2023 $13,500
Total passive losses, before October 1, 2023 (3,000)
CA passive income, after October 1, 2023 2,500
CA passive losses, after October 1, 2023 (2,000)
Passive income before suspended losses $11,000

Step 2: Prorate your suspended passive loss carryover amounts based upon periods of California residency and nonresidency during 2023.

Period of Residency
2022 suspended loss, as if a CA resident for all prior years $(7,000)
CA resident days (273) ÷ total days (365) × .7479
Prorated 2022 suspended loss $(5,235)
Period of Nonresidency
2022 suspended loss, as if a non-resident for all prior years $(5,000)
Nonresident days (92) ÷ total days (365) × .2521
Prorated 2022 suspended loss $(1,260)

Step 3: Compute your passive income or suspended loss for taxable year 2023.

Taxable Year 2023 CA Taxable Income
Passive income before suspended losses $11,000
Suspended passive loss, resident period (5,235)
Suspended passive loss, nonresident period (1,260)
Passive income, 2023 $ 4,505

Get FTB 3801, Passive Activity Loss Limitations, for more information regarding the reporting of passive activity losses.

J. Net Operating Losses

Get FTB 3805V, Net Operating Loss (NOL) Computation and NOL and Disaster Loss Limitations‑Individuals, Estates, and Trusts, at ftb.ca.gov for more information regarding NOLs.

Always a Nonresident

The NOL carryover computation for the California taxable income of a nonresident is not limited by the amount of net operating loss from all sources. Only your California sourced income and losses are considered in determining if you have a California NOL.

Example 30

You are a resident of Nevada and operate two businesses. One business is conducted wholly within California and the other business is conducted wholly within Nevada.

In 2022, your businesses produced the following results:

Taxable Year 2022 Total Taxable Income CA Taxable Income
NV business $ 9,000
CA business (3,000) $ (3,000)
Total $ 6,000 $ (3,000)
Determination

Only your California sourced income and losses are considered in determining if you have a California NOL. For 2022, you have a California NOL of $3,000. You may carry forward $1,800 (60 percent of the $3,000 NOL).

Change of Residency to California (move in)

If you change residency to California and have NOL carryovers, you need to restate your carryover amounts as if you were a resident of California for all prior years.

Example 31

You became a California resident on January 1, 2023, moving from Texas. You started a business in Texas in 2016 and opened a different business located in California in 2017. You had no income or loss from either business in 2017 through 2020. Under California law, the income and loss from each business are as follows:

Business Location 2016 2021 2022 2023
California $250,000 $(25,000) $ 15,000
Texas $(125,000) $ 1,000,000 $ 50,000 $ 5,000
Determination

Step 1: First restate your NOL carryovers for prior years as if you were a California resident:

2016 Restatement: Total Taxable Income
2016 NOL $(125,000)
Allowable Percentage × 100%
NOL carryover to 2017 $ (125,000)
2021 Restatement: Total Taxable Income
Business Income $ 1,250,000
Prior NOL carryover $ (125,000)

Net business income exceeds $1,000,000. Your NOL carryover deduction is suspended.

2022 Restatement: Total Taxable Income
Business Income $ 25,000
Prior NOL carryover (125,000)
NOL carryover to 2023 $ (100,000)

Step 2: Combine your business income from all sources to determine your NOL carryover to 2024.

Taxable Year 2023 Total Taxable Income
CA source income $ 15,000
TX source income 5,000
Total $ 20,000
Prior year NOL carryover (100,000)
NOL carryover to 2024 (80,000)

Change of Residency From California (move out)

If you change residence from California and have NOL carryovers, you need to restate your carryover amounts as if you were a nonresident of California for all prior years.

Example 32

Assume the same facts as Example 31. You became a nonresident of California on January 1, 2024. Your Texas and California businesses earn income of $3,000 and $4,000 respectively.

Determination

Restate your NOL carryover as if you had been a nonresident of California for all prior years by netting business income and losses from California sources only.

2016 Restatement:
Total Taxable Income CA Taxable Income
TX source business loss $ (125,000)
CA NOL carryover allowed percentage, 2016 × 100%
NOL carryover to 2017 $ (125,000) $ 0
2021 Restatement:
Total Taxable Income CA Taxable Income
TX source business income $1,000,000
CA source business loss 250,000 $250,000
Total $1,250,000 $250,000
Prior year NOL carryover $ (125,000) $ 0

You cannot use your NOL carryover in determining total taxable income because your net business income exceeds $1,000,000. You do not have a California source NOL to carryover for California taxable income.

2022 Restatement:
Total Taxable Income CA Taxable Income
TX source business income $ 50,000
CA source business income (25,000) $(25,000)
Total 25,000 $(25,000)
Prior year NOL carryover (125,000) 0
Carryover to 2023 $(100,000) $(25,000)
2023 Restatement:
Total Taxable Income CA Taxable Income
TX source business income $ 5,000
CA source business loss 15,000 $ 15,000
Total 20,000 15,000
Prior year NOL carryover (100,000) (25,000)
Carryover to 2024 $(80,000) $ 10,000)

Part-Year Resident

If you changed your residency during the year, compute your NOL deduction using resident rules for the period of the year you were a California resident and nonresident rules for the period of the year you were a nonresident. Compute any NOL carryovers as if you were a California resident for all prior years and as if you were a nonresident for all prior years. Prorate both NOL carryover amounts based upon the period of California residency and the period of nonresidency during the year.

Example 33

You moved to California on May 1, 2023. Your total and California source income and losses from your Washington and California business operations for 2023 were as follows:

Before 5/1 After 5/1
WA business $14,000 $ (26,000)
CA business (2,000) 10,000
Total $12,000 $ (16,000)

Your NOL carryover from prior years is $6,000 as if you were a resident for all prior years and $3,000 as if you were a nonresident for all prior years.

Determination

Step 1: Compute your current year NOL by netting your total business income and losses for the period of residency and your California source business income and losses for the period of nonresidency:

CA business losses, before May 1, 2023 $ (2,000)
Total business losses, after May 1, 2023 (16,000)
Total (18,000)
Current year NOL, 2023 $(18,000)

Step 2: Prorate your NOL carryover amounts based upon periods of California residency and nonresidency during 2023.

Period of Residency
NOL carryover, as if a CA resident for all prior years $(6,000)
CA resident days ÷ total days: 245 ÷ 366 × .6712
Prorated NOL carryover $(4,027)
Period of Nonresidency
NOL carryover, as if a nonresident for all prior years $(3,000)
Nonresident days ÷ total days: 121 ÷ 366 × .3288
Prorated NOL carryover $ (986)

Step 3: Compute your prior year NOL carryover:

Prior year NOL carryover
NOL carryover from prior years, resident period $(4,027)
NOL carryover from prior years, nonresident period (986)
Total NOL carryover from 2023 $(5,013)

K. Basis in Pass-Through Entities

Pass-through entities include partnerships, S corporations, and limited liability companies that elect to be treated as partnerships.

Always a Nonresident

Your basis in a pass-through entity for California purposes is equal to your federal tax basis adjusted for differences in federal and California law. For example, allowable depreciation or amortization expenses are different under California and federal law.

Example 34

You are a resident of Nevada. In 2022, you invested $10,000 cash in a partnership and became a 50 percent partner. At the close of 2022, the partnership generated a $4,000 federal loss and a $2,000 California loss. This difference is due to federal depreciation expense being more than allowed under California law.

Compute your year-end California basis in the partnership as follows:

  Federal Law Difference California Law Fed Basis California Basis
1/1/2022 Cash Contribution to Capital - - - - $10,000 $10,000
Partnership's CA Loss - $(4,000) $2,000 ($2,000) - -
Partner's Percentage Interest 50% $(2,000) $1,000 $(1,000) $(2,000) $(1,000)
Partner's 12/31/2022 CA Basis (to 1/1/2023)   - - - $8,000 $9,000

Because of the difference in allowable depreciation and amortization expenses, the Partner's California PTE Basis will be different than the partner's federal PTE Basis.

Change of Residency to California (move in)

Your California basis in a pass-through entity is equal to your federal tax basis adjusted for differences in federal and California law. For example, allowable depreciation or amortization expenses are different under California law than for federal. Your California basis is adjusted for your distributive share of flow-through items under California law.

Example 35

Assume the same facts as Example 34. On January 1, 2023, you become a California resident. At the close of 2023, the partnership generates a $3,000 loss under California law.

Compute your California basis in the partnership in the same manner as you would for federal purposes with adjustments for differences in California and federal law.

  Federal Law Difference California Law Fed Basis California Basis
1/1/2022 Cash Contribution to Capital - - - - $10,000 $10,000
Partnership's 2022 CA Loss - $(4,000) $2,000 $(2,000) - -
Partner's Percentage Interest 50% $(2,000) $1,000 $(1,000) $(2,000) $(1,000)
Partner's 12/31/2022 CA Basis (to 1/1/2023)   - - - $8,000 $9,000
Partner's CA Basis (from 12/31/2022)   - - - - $9,000
Partnership's 2023 CA Loss - - - $(3,000) - -
Partner's Percentage Interest 50% - - $(1,500) - $(1,500)
Partner's 12/31/2023 CA Basis (to 1/1/2024)   - - - - $7,500

Because of the difference in allowable depreciation and amortization expenses, the Partner's California PTE Basis will be different than their federal PTE Basis.

Change of Residency From California (move out)

Your California basis in a pass-through entity is equal to your federal tax basis adjusted for differences in federal and California law. For example, allowable depreciation or amortization expenses are different under California law than for federal. Your California basis is adjusted for your distributive share of flow-through items under California law.

Example 36

Assume the same facts as examples 34 and 35. On January 1, 2024, you become a nonresident of California again. At the close of 2024, the partnership generates a $5,000 loss.

Compute your California basis in the partnership in the same manner as you would for federal purposes with adjustments for differences in California and federal law.

  Federal Law Difference California Law Fed Basis California Basis
1/1/2022 Cash Contribution to Capital - - - - $10,000 $10,000
Partnership's 2022 CA Loss - $(4,000) $2,000 $(2,000) - -
Partner's Percentage Interest 50% $(2,000) $1,000 $(1,000) $(2,000) $(1,000)
Partner's 12/31/2022 CA Basis (to 1/1/2023)   - - - $8,000 $9,000
Partner's 1/1/2023 CA Basis (from 12/31/2022)   - - - - $9,000
Partnership's 2023 CA Loss - - - $(3,000) - -
Partner's Percentage Interest 50% - - $(1,500) - $(1,500)
Partner's 12/31/2023 CA Basis (to 1/1/2024)   - - - - $7,500
Partner's 1/1/2024 CA Basis (from 12/31/2023)   - - - - $7,500
Partnership's 2024 CA Loss - - - $(5,000) - -
Partner's Percentage Interest 50% - - $(2,500) - $(2,500)
Partner's 12/31/2024 CA Basis (to 1/1/2025)   - - - - $ 5,000

Because of the difference in allowable depreciation and amortization expenses, the Partner's California PTE Basis will be different than their federal PTE Basis.

L. Partnerships, S corporations, and Certain Trusts

Nonresident

California taxes your distributive share of partnership, S corporation, and trust income derived from California sources if you are a nonresident of California. Income from a simple trust (one which distributes its income annually) is subject to these rules. Income from other trusts may also be subject to these rules.

Example 37

You are a nonresident of California and hold a partnership interest in a California partnership. You received a Schedule K-1 from the California partnership that included net income of $10,000 from California sources.

Determination

Your $10,000 distributive share of partnership net income has a source in California and is taxable by California.

Part-Year Resident

If you changed your residency, California taxes your distributive share of partnership, S corporation, and certain trust income based upon your period of California residency and your period of nonresidency during the partnership’s, S corporation’s, or trust’s taxable year.

The allocation of income between the period of residency and the period of nonresidency must be made in a manner that reflects the actual date of realization. In the absence of information that reflects the actual date of realization, you must allocate an annual amount on a proportional basis between the two periods, using a daily pro rata method.

Example 38

You hold a 50 percent S corporation interest in a Washington S corporation that reports income and losses on a fiscal year ending October 31st of each year. On June 10, 2022, you became a nonresident of California. You obtained interim statements from the S corporation that include the following S corporation net income amounts:

11/1/21 – 6/9/22 6/10/22 – 10/31/22
WA net income $ 5,600 $ 4,400
CA net income 4,000 2,000
Total net income $ 9,600 $ 6,400
Determination

Step 1: Compute your distributive share income based upon periods of California residency and nonresidency during the S corporation’s taxable year.

Period of Residency
Total net income $ 9,600
percent interest in S corporation × 50%
2022 distributive share $ 4,800
Period of Nonresidency
CA net income $ 2,000
percent interest in S corporation × 50%
2022 distributive share $ 1,000

Step 2: Compute your distributive share income to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Distributive share, period of residency $ 4,800
Distributive share, period of nonresidency $1,000
Distributive share income, 2022 $ 5,800

Example 39

You hold a 60 percent interest in a Washington partnership that reports income and losses on a calendar year basis. On September 22, 2022, you became a nonresident of California. You obtained a copy of the partnership tax return for 2022. The total net income from the partnership consisted of the following capital gains on items sold during your periods of California residency and nonresidency:

January 1, 2022 - September 21, 2022
Sale of WA real property $ 15,200
Sale of stock 2,000
Total net income $ 17,200
September 22, 2022 - December 31, 2022
Sale of WA real property $ 4,400
Sale of CA real property 10,300
Total net income $14,700
Determination

Step 1: Compute your distributive share income based upon periods of California residency and nonresidency during the partnership’s taxable year.

Period of Residency
Total net income $17,200
percent interest in partnership × 60%
2022 distributive share $10,320
Period of Nonresidency
CA net income $10,300
percent interest in partnership × 60%
2022 distributive share $ 6,180

Step 2: Compute your distributive share income to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Distributive share, period of residency $10,320
Distributive share, period of nonresidency 6,180
Distributive share income, 2022 $16,500

Example 40

You hold a partnership interest in a Texas partnership that reports its income and losses on a calendar year basis. On April 1, 2022, you became a nonresident of California. You received a Schedule K-1 from the Texas partnership that included net income of $10,000, comprised of $4,000 from California sources and $6,000 from Texas sources.

Determination

Step 1: Determine the number of California resident days and nonresident days during the partnership’s taxable year.

Period Duration
CA Nonresident Days 4/1/22 – 12/31/22 275 days
CA Resident Days 1/1/22 – 3/31/22 90 days

Step 2: Prorate your distributive share income based upon periods of California residency and nonresidency during the partnership’s taxable year.

Period of Residency
Distributive share income from all sources $10,000
CA resident days ÷ total days: 90 ÷ 365 × .2466
Prorated 2022 distributive share $ 2,466
Period of Nonresidency
Distributive share income from CA sources $ 4,000
Nonresident days ÷ total days: 275 ÷ 365 × .7534
Prorated 2022 distributive share $ 3,014

Step 3: Compute your distributive share income to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Distributive share, period of residency $ 2,466
Distributive share, period of nonresidency 3,014
Distributive share income, 2022 $5,480

Example 41

You hold an S corporation interest in a Florida S corporation that reports income and losses on a fiscal year ending May 31st of each year. On February 1, 2022, you became a resident of California. You received a Schedule K-1 from the Florida S corporation for fiscal year ending May 31, 2022, that included net income of $10,000, comprised of $4,000 from California sources and $6,000 from Florida sources.

Determination

Step 1: Determine the number of California resident days and nonresident days during the S corporation’s taxable year.

Period Duration
CA Nonresident Days 6/1/21 – 1/31/22 245 days
CA Resident Days 2/1/22 – 5/31/22 120 days

Step 2: Prorate your distributive share income based upon periods of California residency and nonresidency during the S corporation’s taxable year.

Period of Residency
Distributive share income from all sources $10,000
CA resident days ÷ total days: 120 ÷ 365 × .3288
Prorated 2022 distributive share $ 3,288
Period of Nonresidency
Distributive share income from CA sources $ 4,000
Nonresident days ÷ total days: 245 ÷ 365 × .6712
Prorated 2022 distributive share $ 2,685

Step 3: Compute your distributive share income to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Distributive share, period of residency $ 3,288
Distributive share, period of nonresidency 2,685
Distributive share income, 2022 $ 5,973

Example 42

You are the sole beneficiary of a simple trust that reported your distributive share income for the short period of January 1, 2022, through September 30, 2022. On April 1, 2022, you became a resident of California. You received a Schedule K-1 from the trust that includes net income of $10,000, comprised of $4,000 from California sources and $6,000 from Nevada sources.

Determination

Step 1: Determine the number of California resident days and nonresident days during the trust’s taxable year.

Period Duration
CA Nonresident Days 1/1/22 – 3/31/22 90 days
CA Resident Days 4/1/22 – 9/30/22 183 days

Step 2: Prorate your distributive share income based upon periods of California residency and nonresidency during the trust’s taxable year.

Period of Residency
Distributive share income from all sources $10,000
CA resident days ÷ total days—183 ÷ 273 × .6703
Prorated 2022 distributive share $ 6,703
Period of Nonresidency
Distributive share income from CA sources $ 4,000
Nonresident days ÷ total days—90 ÷ 273 × .3297
Prorated 2022 distributive share $ 1,319

Step 3: Compute your distributive share income to include in California taxable income.

Taxable Year 2022 CA Taxable Income
Distributive share, period of residency $ 6,703
Distributive share, period of nonresidency 1,319
Distributive share income, 2022 $ 8,022

M. Alternative Minimum Tax

The California alternative minimum tax of a nonresident or part-year resident is the amount by which the California tentative minimum tax exceeds the prorated regular tax. The computation is as follows:

CA alternative minimum tax = CA tentative minimum tax − Prorated regular tax

The California tentative minimum tax is the California alternative minimum taxable income multiplied by a rate. The rate is the amount of tax on total tentative minimum tax divided by the total alternative minimum taxable income. The computation is as follows:

CA tentative minimum tax = CA alternative minimum taxable income × Total tentative minimum tax ÷ Total alternative minimum taxable income

The California alternative minimum taxable income is the combined total of the following:

  • The alternative minimum taxable income derived from California sources for any part of the taxable year the taxpayer was a nonresident.
  • The alternative minimum taxable income from all sources for any part of the taxable year the taxpayer was a resident.

For the period of nonresidency, any carryovers, deferred income, suspended losses, or suspended deductions are included or allowable only to the extent they were derived from California sources.

The total alternative minimum taxable income is the alternative minimum taxable income determined as if the nonresident or part-year resident were a California resident in both of the following:

  • Current year.
  • All prior years for any carryovers, deferred income, suspended losses, or suspended deductions.

Total tentative minimum tax is the tax on the total alternative minimum taxable income.

The following example shows how the calculation works:

Example 43

You and your spouse/RDP moved to California and became residents on May 1, 2022. Combined wages for the year totaled $170,000. You received $100,000 after your move to California. On October 1, 2022, you exercised an incentive stock option valued at $90,000, for which you paid $10,000 (preference amount $80,000). Your total taxable income for the year was $150,000, with $20,000 in itemized deductions. Five thousand dollars ($5,000) of the itemized deductions were real and personal property taxes, which are preference items. Your prorated regular tax was $6,000.

Determination
Total Alternative Minimum Taxable Income
Real and personal property tax preference 5,000
Plus: Incentive stock option preference + 80,000
Plus: Total taxable income + 150,000
Total alternative minimum taxable income 235,000
Total Tentative Minimum Tax
Total alternative minimum taxable income 235,000
Less: Exemption amount − 78,817
Total alternative minimum taxable income less Exemption amount 156,183
Alternative minimum tax rate × .07
Total tentative minimum tax 11,323
California Alternative Minimum Tax Adjusted Gross Income
CA (regular tax) adjusted gross income 100,000
Plus: Incentive stock option preference amount + 80,000
CA alternative minimum tax adjusted gross income 180,000
Total Alternative Minimum Tax Adjusted Gross Income
Total alternative minimum taxable income 235,000
Total itemized deductions 20,000
Less: Real and personal property tax preference − 5,000
Total alternative minimum tax itemized deductions + 15,000
Total alternative minimum tax adjusted gross income 250,000
California Alternative Minimum Taxable Income
Total alternative minimum tax itemized deductions 15,000
Multiply by the ratio: CA alternative minimum tax adjusted gross income ÷ Total alternative minimum tax adjusted gross income
180,000 ÷ 250,000 =
× .7200
Less: Prorated alternative minimum tax itemized deductions − 10,800
CA alternative minimum taxable income 169,200
California Alternative Minimum Tax
CA alternative minimum taxable income 169,200
Multiply by the ratio: Total tentative minimum tax ÷ Total alternative minimum taxable income
11,323 ÷ 235,000 =
× .0482
CA tentative minimum taxable income 8,561
Less: Prorated regular tax − 6,000
CA alternative minimum tax 2,561

Get California 540NR Schedule P, Alternative Minimum Tax and Credit Limitations - Nonresidents and Part‑Year Residents, for more information regarding California alternative minimum tax.