California taxes its residents on worldwide income and taxes nonresidents only on California-source income. That single distinction makes residency the most valuable and most contested fact on many California returns, and it makes the Franchise Tax Board’s residency audit program one of the most consequential enforcement programs in the country. This guide explains, in plain language, how California decides who is a resident, how the FTB examines residency and sourcing, and how taxpayers can protest, appeal, settle, or prevent a residency assessment.
The guide is written for individuals, business owners, executives, investors, and families: people who still live in California, people who have moved to another state, and Americans living abroad. Every rule, deadline, code section, and dollar figure in it was checked against primary sources, including the California Revenue and Taxation Code, FTB Publications 1031 and 1100, the FTB’s Residency and Sourcing Technical Manual, FTB notices, Office of Tax Appeals opinions, and the U.S. Code. A list of those sources appears in the appendix.
Mike Habib, EA is a national tax representation firm based in Whittier, California, that represents individuals and businesses nationwide before the IRS and state tax agencies, including the California Franchise Tax Board. Every client is represented by Mike personally.
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