Question

The six-month presumption of nonresidence rule requires all of the following except _______? a. Not in...

The six-month presumption of nonresidence rule requires all of the following except _______?

a. Not in the state for more than a total of six months during a taxable year.

b. Maintain no family ties in California.

c. Domiciled outside of California.

d. Maintains a permanent place of abode in the place of domicile.

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Answer #1

the answer is option b i.e maintain no family ties california.

the six month presumption is established by regulation.you would think if says something simple like if you spend no more than six month in california,you are not a resident.

rather the rule has various qualifiers ,if a taxpayer spends an aggregate of six month or less in california and is domicited in another state.,and has permanent abode in the domicile state, and does nothing while in california other than what tourist,visitor,or guest would do,then there is rebuttable presumption of non residency.according to regulation nothing much more own vaction home,have local bank account for local personal expenses and belong to a social club .

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