Need help fleeing high-tax liberalism in California.

[FresnoFacts]

Originally Posted by Shope

That law is for people trying to buy cars out of state and avoid paying taxes on it.

No, the law applies if you "establish residency" in California. Check the first two lines I quoted from DMV "Fees must be paid within 20 days of entry or residency to avoid penalties."

A lot of people move to California and "forget" to reregister their vehicle. I've seen it before on corporate transfers. Its not just Californians buying a vehicle in say Oregon or Nevada.

So what are some ways the state will say you established residency? These are the ones I posted before:
Accept gainful employment in California.
Claim a homeowner's exemption in California.
Rent or lease a residence in California.
Intend to live or be located here on a permanent basis (for example, acquire a California driver license, acquire other licenses not ordinarily extended to a nonresident, registered to vote).
Enroll in an institution of higher learning as a California resident or enroll their dependents in school (K-12).

But, as I posted on this thread a few weeks ago, the state will also consider you to have established residency by taking a look at things like:

• where your regular medical professionals are located
• where you are a regular church member
• what associations you join
• country clubs or health clubs or other things you might join
• etc.

In other words, are you a resident of the other state in name only.

If there is a pattern that you live your life in California then they will try to classify you as a resident.

[FresnoFacts]

FYI, I don't see this posted on this thread yet.

For those interested, this is the link to the California Franchise Tax Board's manual used for Residency Audits.

Residency and Sourcing Technical Manual - Table of Contents

[Shope]

Originally Posted by FresnoFacts

No, the law applies if you "establish residency" in California. Check the first two lines I quoted from DMV "Fees must be paid within 20 days of entry or residency to avoid penalties."

A lot of people move to California and "forget" to reregister their vehicle. I've seen it before on corporate transfers. Its not just Californians buying a vehicle in say Oregon or Nevada.

So what are some ways the state will say you established residency? These are the ones I posted before:
Accept gainful employment in California.
Claim a homeowner's exemption in California.
Rent or lease a residence in California.
Intend to live or be located here on a permanent basis (for example, acquire a California driver license, acquire other licenses not ordinarily extended to a nonresident, registered to vote).
Enroll in an institution of higher learning as a California resident or enroll their dependents in school (K-12).


But, as I posted on this thread a few weeks ago, the state will also consider you to have established residency by taking a look at things like:

• where your regular medical professionals are located
• where you are a regular church member
• what associations you join
• country clubs or health clubs or other things you might join
• etc.

In other words, are you a resident of the other state in name only.

If there is a pattern that you live your life in California then they will try to classify you as a resident.

Damn, CA is super un-friendly. Well I know a lot of people who "forget" to do a lot of stuff in CA for the reasons you posted. State of CA is only going to be able to find out about some of those things if your audited. If you fly under the radar you shouldn't have a problem. I mean they will obviously find out if your kids start going to school in CA, but if you join a gym or a country club or a church that info is not sent to the gov.

[Ultrarunner]

Originally Posted by Shope

Damn, CA is super un-friendly. Well I know a lot of people who "forget" to do a lot of stuff in CA for the reasons you posted. State of CA is only going to be able to find out about some of those things if your audited. If you fly under the radar you shouldn't have a problem. I mean they will obviously find out if your kids start going to school in CA, but if you join a gym or a country club or a church that info is not sent to the gov.

The biggest way I know is the "Tip Line" where anyone can anonymously report someone and it will be investigated...

My military friend even had to go to Court because the officer insisted on citing her for living in CA and driving with Florida Plates... she is not in the military, but her husband is and Florida is their official State of Residence...

The Judge admonished the officer... but my friend still had to go and waste half a day and bring the documentation to prove her innocence... marriage license, vehicle title, military orders and voting registration.

[FresnoFacts]

Originally Posted by Shope

State of CA is only going to be able to find out about some of those things if your audited. If you fly under the radar you shouldn't have a problem. I mean they will obviously find out if your kids start going to school in CA, but if you join a gym or a country club or a church that info is not sent to the gov.

Exactly, but once you are residence audited (because the state got a tip, or something was red flagged from an income source, etc) you have to produce a lot of documentation.

[Shope]

Originally Posted by Ultrarunner

The biggest way I know is the "Tip Line" where anyone can anonymously report someone and it will be investigated...

My military friend even had to go to Court because the officer insisted on citing her for living in CA and driving with Florida Plates... she is not in the military, but her husband is and Florida is their official State of Residence...

The Judge admonished the officer... but my friend still had to go and waste half a day and bring the documentation to prove her innocence... marriage license, vehicle title, military orders and voting registration.

Damn, so many snitches in CA then? It amazes me at some of the hoops CA makes people jump through.