Leaving California: How to Truly Become a Non-Resident and Costly Mistakes to Avoid

California has one of the most aggressive residency audit programs in the country. While many taxpayers dream of leaving the Golden State to reduce their tax burden, changing California residency is far more complex than simply moving to another state. At Velin & Associates, Inc., we regularly advise high-income professionals, business owners, creators, and investors who are surprised to learn that California may still consider them residents—even after they “move.”

The reality is this: California residency is determined by facts and circumstances, not by intention alone. If you don’t make a clean, well-documented break, the Franchise Tax Board (FTB) can—and often will—challenge your non-resident status.

California Residency vs. Non-Residency: Why It’s So Hard to Change

California does not rely on a single test to determine residency. Instead, it looks at your entire lifestyle, including:

Even if you spend fewer than 183 days in California, you can still be considered a resident if California remains the “center of your life.”

At Velin & Associates, we explain this to clients early because many assume that days alone determine residency. They do not.

What You Must Do to Truly Become a California Non-Resident

To successfully change residency, you must relocate and re-establish your life elsewhere—not simply add a second address.

1. Establish a Real Home in the New State

The new residence must be legitimate and comparable to your California home.

Best practice includes:

📌 Example:
A high-net-worth client moved from Los Angeles to Nevada but rented a small apartment while keeping a luxury home in California. During an FTB audit, California argued the Nevada residence was temporary. We advised the client to purchase a primary residence in Nevada and sell the California home to solidify non-residency.

2. Sever Employment and Business Ties With California

If you continue earning income tied to California, your residency claim weakens.

This is especially important for:

📌 Example:
An Amazon Business CPA client moved to Texas but continued managing a California-based LLC and warehouse. The FTB argued the client was still actively engaged in California business. We helped restructure operations and shift management to Texas to support non-residency.

3. Build New Social, Professional, and Community Ties

The FTB looks at where your life actually happens.

You should:

📌 Example:
A Dentist CPA client relocated to Arizona but continued seeing California physicians and dentists. During audit preparation, we advised transitioning medical care immediately to Arizona to reduce California ties.

4. Track Your Time Meticulously

Every day spent in California counts—and the FTB will calculate it.

Auditors may review:

📌 Important Warning:
Spending extended time visiting family, children, or friends in California can undo your residency claim.

What NOT to Do When Trying to Leave California

Many taxpayers unintentionally sabotage their non-residency claim. Common mistakes include:

📌 Velin & Associates Insight:
We’ve seen residency audits triggered simply because mail was still being sent to a California address—even after the taxpayer “moved.”

Residency Audits: What the FTB Looks for First

When a taxpayer files a part-year resident return with significant income earned after leaving California, audits often follow.

The FTB will:

  1. Compare days spent in California vs. the new state
  2. Review bank accounts and credit card activity
  3. Analyze 1099s, W-2s, and business income
  4. Check property ownership across states
  5. Review social media (Facebook, LinkedIn, Instagram)

📌 Example:
A CPA for Doctors client posted frequent Instagram updates from California while claiming Texas residency. The FTB used these posts as supporting evidence in an audit. We helped mitigate exposure, but the audit was costly and time-consuming.

Why Planning Matters More Than Tax Savings

Even if you ultimately win a residency audit, the legal, accounting, and emotional costs can be significant. Poor planning can wipe out expected tax savings.

At Velin & Associates, we advise clients to:

This is especially critical for:

How Velin & Associates Helps Clients Change Residency Correctly

We don’t just prepare tax returns—we help clients strategically restructure their lives and businesses to withstand scrutiny.

Our services include:

Final Thoughts: Make the Break Clean—or Don’t Make It at All

Leaving California for tax purposes is possible—but only if done correctly. Half-measures invite audits, penalties, and stress.

If you’re considering a move, plan first, move second, file last.

📞 Ready to Plan Your California Exit the Right Way?

For more information about our tax planning services, contact us today: visit our website.

Velin & Associates, Inc

8159 Santa Monica Blvd STE 198/200 West Hollywood, CA 90046
323-902-1000
dmitriy@losangelescpa.org

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Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation. Tax articles in this e-newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer. The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

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