California is crazy... they can’t tax Income on services I performed for clients in CA if I never set foot there...? They may be “Crazy” but often they can.
California Franchise Tax Board’s position:
CCR Regulations Section 17951-4(a) provides that the net income from a nonresident's business, trade, or profession carried on wholly within this state is California source income. Conversely, none of the net income from a nonresident's business, trade, or profession carried on entirely outside of this state is California source income.
CCR Section 17951-4(b) provides that if a nonresident's business, trade, or profession is conducted within and without California, and the part within California is so separate and distinct from the part without California such that the respective business activities are not part of a unitary business, trade, or profession, only the net income from within California is included in California source income.
Julie, an Oregon resident, operates a real estate business in California and an unrelated retail business in Oregon.
Julie includes only the net income from the real estate business as California source income.
If a sole proprietorship, partnership, S corporation, or limited liability company operates within and without California as a unitary business, trade, or profession, we determine the amount of net income derived from sources within California in accordance with the provisions of the Uniform Division of Income for Tax Purposes Act as contained in R&TC Sections 25120-25139 and their related regulations (CCR Section 17951-4(c), (d), (e) and (f)).
CCR Sections 17951-4(c), (d), (e), and (f) provide that we determine the source of net income that is not business income by using the sourcing rules of R&TC Section 17951- 17955 and the related regulations.
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