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Tax Planning

Leaving California With Stock Options or RSUs: What the State Still Taxes

California taxes equity pay earned while you worked there, even after you move, using a workday ratio. Later appreciation follows your new residence.

Leaving California With Stock Options or RSUs: What the State Still Taxes

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Does California still tax your equity after you move?

  • Often, yes: equity compensation is California-source to the extent you performed the underlying work in California.
  • That share stays taxable by California even if you are a nonresident when you exercise options or when RSUs vest.
  • Appreciation after the compensation event is generally a capital gain, sourced to where you live when you sell.
  • Moving changes future workdays; it does not erase California workdays you have already accumulated.

Full Guide

Does California still tax your equity after you move?

  • Often, yes: equity compensation is California-source to the extent you performed the underlying work in California.
  • That share stays taxable by California even if you are a nonresident when you exercise options or when RSUs vest.
  • Appreciation after the compensation event is generally a capital gain, sourced to where you live when you sell.
  • Moving changes future workdays; it does not erase California workdays you have already accumulated.

How is the California share calculated?

  • The Franchise Tax Board uses a ratio: California workdays divided by total workdays in the compensation period.
  • For nonqualified options and ISOs, the period runs from grant date to exercise date.
  • For RSUs, it runs from grant date to vest date, so each vesting tranche gets its own ratio.
  • Workdays exclude weekends, holidays, vacation, and sick days, so keeping a travel and work-location log helps.

How are ISOs treated differently?

  • If you sell ISO shares in a qualifying disposition while a nonresident, the gain is generally sourced to your new state, not California.
  • In a disqualifying disposition, the exercise-date spread is treated like wages and allocated by the grant-to-exercise workday ratio.
  • California sources the AMT adjustment on an ISO exercise by where you worked between grant and exercise, so model both federal and state AMT.

What rate applies, and do you get a credit elsewhere?

  • Nonresidents file Form 540NR, where California-source income is taxed at a rate based on total income from all sources.
  • California's top rate is 13.3%, including the 1% surcharge on taxable income over $1 million.
  • If your new state also taxes the income, it generally gives a credit for tax paid to California, though credits may not fully match.
  • Texas, Florida, and Nevada have no individual income tax; Washington does tax certain long-term capital gains.

How do you show you have really left?

  • Residency turns on domicile and closest connections: home, family, work, licenses, voter registration, and where you spend time.
  • Spending more than nine months of a year in California creates a presumption of residency.
  • A move shortly before a large IPO, acquisition, or tender offer tends to draw closer review from the Franchise Tax Board.
  • In the year of the move, income received while still a resident is fully taxable by California.

What timing issues come up around a move?

  • Exercising NSOs before moving makes the entire spread California-resident income.
  • Waiting to exercise lowers the California share only as out-of-state workdays accumulate between grant and exercise.
  • Later RSU tranches usually carry smaller California ratios than earlier ones.
  • Employers sometimes misallocate equity income on W-2s, so check state wage boxes against your own workday records.

Key takeaways

  • California follows your equity compensation to the extent the work happened in California.
  • Options use grant-to-exercise; RSUs use grant-to-vest; post-event appreciation follows residence at sale.
  • Good records of workdays and residency ties are the main line of defense in an FTB review.
  • Multi-state equity taxes are fact-specific; confirm with a CPA, since Rubric does not prepare tax returns.