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California Is Taxing Nonresidents Who Never Even Visited — Really
Forbes ^ | July 7, 2022 | Robert W. Wood

Posted on 01/05/2023 9:32:15 AM PST by grundle

In the Matter of Blair S. Bindley, OTA Case No. 18032402 (May 30, 2019), a sole proprietor performed all of his services outside of California, but some of his customers were in California. Is that enough for the poor guy to attract California tax liability? The California taxing authorities said he was operating a "unitary" business. Therefore, his tiny business was subject to California's apportionment rules. The FTB would not budge, so Mr. Bindley went over their head to the state’s Office of Tax Appeals (OTA), but it agreed with the FTB. This case has precedential effect, so it is clear that the Golden State can go after other non-Californians too, and it’s happening. Exactly what was poor Mr. Bindley’s tax offense in California? He is a self-employed screenplay writer living in Arizona. He performed services for a few companies headquartered and registered in California. The California Franchise Tax Board matched income records showing that he collected $40,000 of income from California companies. Not surprisingly, Bindley did not file a California tax return.

(Excerpt) Read more at forbes.com ...


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections; US: Arizona; US: California
KEYWORDS: arizona; california; californication; ftb; hotelcalifornia; taxes
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To: grundle

California will get their ass kicked in court. The FTB is evil.


21 posted on 01/05/2023 9:57:06 AM PST by Busywhiskers ("Once you have wrestled, everything else in life is easy" -Dan Gable)
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To: grundle

Long story short here is two years after we left California we had two armed Franchise Tax Board officers come to the ranch here in Wyoming to try to collect taxes. The Park County Sheriff’s Department came out, seized their guns and badges, and sent them back to California.


22 posted on 01/05/2023 9:58:26 AM PST by MeganC (There is nothing feminine about feminism. )
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To: SeekAndFind

I’ve gotten the same. I got nailed by a red light camera in Switzerland ($250) and a speeding camera in France ($110). In both instances I paid because I intend on going back. Otherwise, forget it.


23 posted on 01/05/2023 9:59:20 AM PST by bigdaddy45
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To: Busywhiskers

“The FTB is evil.”

So is the Board of Equalization that still sends tax bills to people around the world who have no legal obligation to pay the bills. But since 20% negotiate a payment and another 20% just pay the amount then it’s all gravy for California and they keep doing it.


24 posted on 01/05/2023 9:59:53 AM PST by MeganC (There is nothing feminine about feminism. )
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To: seowulf
California has sent out their tax bill, now let them collect it.

They can get a judgment that might pop up on the credit report.
25 posted on 01/05/2023 10:00:53 AM PST by Dr. Sivana (But yet the Son of man, when he cometh, shall he find, think you, faith on earth? (Luke 18:8))
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To: DugwayDuke

That would piss me off if the law still existed. I have a CalPers retirement.


26 posted on 01/05/2023 10:01:17 AM PST by MayflowerMadam (Stupid is supposed to hurt.)
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To: Red Badger

“Welcome to the Hotel California...................”

Appropriate in this context!


27 posted on 01/05/2023 10:01:56 AM PST by MayflowerMadam (Stupid is supposed to hurt.)
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To: SeekAndFind

“He refused to pay and tells me he’s never going back to South Africa. That was 2018. How’s the South African government going to come after him.?”

Key is to never, ever, go back. Friend that lived in Switzerland and moved back to the US went back a couple of years later. Checked into hotel, and within a couple of hours the gendarmes showed up, threatening arrest if he didn’t immediately pay a speed camera ticket he wasn’t even aware of from his prior residence.


28 posted on 01/05/2023 10:02:25 AM PST by LibertyOh
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To: grundle

how do you think CA spends like a drunken sailor and still has a budget surplus?


29 posted on 01/05/2023 10:08:22 AM PST by joshua c (to disrupt the system, we must disrupt our lives, cut the cable tv)
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To: SeekAndFind

Well when that happens in Canada your US State license is pulled.


30 posted on 01/05/2023 10:11:36 AM PST by Chickensoup (Genocide is here. Leftist extremists are spearhheading the Genocide against conservatives. )
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How long until california tracks your cell phone and sends you a bill for highway usage?


31 posted on 01/05/2023 10:13:26 AM PST by dsrtsage ( Complexity is just simple lacking imagination)
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To: aMorePerfectUnion
Never do biz in California or Illinois.

I live in the town where the owner of Jimmy John's sandwich shop HQ was located. As soon as Illinois raised corporate and personal income taxes he started his move to Florida. It took awhile to complete the conversion. If my memory serves me correctly he sold the nation wide business to Hardees for mega bucks...

32 posted on 01/05/2023 10:13:39 AM PST by EVO X ( )
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To: grundle

I have a California friend who just moved into his new home in Alabama at New Years. I wonder if California is going to try and tax him as a resident in 2023.


33 posted on 01/05/2023 10:14:04 AM PST by hanamizu
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To: grundle

I see it’s time for the watering of the Tree of Liberty again. May Justice Alito water California...


34 posted on 01/05/2023 10:18:46 AM PST by Jhadur ("You are not ready for immortality.")
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To: SeekAndFind

How’s the South African government going to come after him.?
- - -

Probably by trickling trickling across our Southern border.


35 posted on 01/05/2023 10:20:17 AM PST by Scrambler Bob
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To: SeekAndFind

A speeding ticket? He’s lucky he wasn’t strung up and field dressed by Mandela’s fellas.


36 posted on 01/05/2023 10:21:28 AM PST by Bonemaker (invictus maneo)
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To: grundle

I wonder if one’s state government can defend one from such acts by another state.

I also wonder if Congress can repeal the enabling act that made California a state and turn it into a territory.


37 posted on 01/05/2023 10:22:00 AM PST by KrisKrinkle (c)
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To: grundle

Do not do business with any one, any company, any entity residing in California.


38 posted on 01/05/2023 10:23:52 AM PST by PIF (They came for me and mine ... now its your turn)
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To: grundle

Just driving more commerce from the state so it can go pure narco state with illegal weed grows.

This sounds like something an x Baltimore mob boss daughter dreamed up to skim off of.


39 posted on 01/05/2023 10:25:38 AM PST by cuz1961 (USCGR Veteran )
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To: DugwayDuke
The Fabric of Our Society Is Coming Apart at the Seams Right in Front of Our Eyes

I was in the Navy early 1990's in San Diego and at one of our 'safety stand downs' a CALOSH turd came and lectured us about drips from our helo's and all the tens of thousands we could be fined by them since it washes into the bay.

He went on to gloat about how we would all have to pay CA tax on our retirements if we lived in CA for any part of our career. The state was going to get their share of our retirement checks no matter where we were.

We laughed the idiot out of the room.

40 posted on 01/05/2023 10:27:31 AM PST by GaltMeister (All that is necessary for the triumph of evil is that good men do nothing.)
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