California Income Tax Rates & Brackets (Tax Year 2025 — Filed in 2026)
⚠️Informational only — not legal or tax advice.
Tax year covered: 2025 (returns filed in 2026)
Applies to: Income earned January 1 – December 31, 2025
Returns filed: January – April 2026
Last verified: February 11, 2026
Table of Contents
- Quick Reference
- Key Takeaways
- Quick Questions
- California Income Tax Rates and Brackets (2026)
- Statutory Authority
- Who Must File California Income Tax
- What Income Is Taxable in California
- Standard Deduction and Exemptions
- California Income Tax Credits
- Filing Deadlines
- Filing Options for California Income Tax
- Special Considerations for California Income Tax
- Tax Residency vs Domicile
- Documentation Commonly Requested in Residency Audits
- Military Personnel
- Retirees
- Students
- Part-Year Residents
- Common Tax Filing Situations
- Forms & Publications
- Penalties and Interest
- Information Verification Log
- Resources
- Where to Check for Updates
- Tax Glossary
- Update History
Quick Reference
Does California have income tax? Yes
Tax structure: Progressive
Tax rates: 1% to 13.3% (includes 1% Mental Health Services Tax on income over $1 million)
Standard deduction (Single): $5,706
Standard deduction (Married Filing Jointly): $11,412
Local income tax: No
Official source: https://www.ftb.ca.gov/
Key Takeaways
- Residents: California residents pay California income tax on income from all sources worldwide
- Non-residents: Non-residents pay California income tax only on California-source income
- Tax rates: California has a progressive income tax with nine brackets ranging from 1% to 12.3%, plus an additional 1% Mental Health Services Tax on income over $1 million, making the top effective rate 13.3%
- Local income tax: California does not permit local income taxes
- Reciprocity: California does not have reciprocal agreements with other states
- Primary forms: Form 540 (residents), Form 540NR (non-residents and part-year residents)
Quick Questions About California Income Tax
What is the California income tax rate for 2025? California has a progressive income tax with rates ranging from 1% to 12.3%, with an additional 1% Mental Health Services Tax on taxable income over $1 million. The top marginal rate is 13.3%, the highest state income tax rate in the nation.
Does California have state income tax? Yes, California has one of the highest state income tax rates in the United States, with a progressive tax structure featuring nine tax brackets.
What are the income tax brackets in California? For Tax Year 2025, California has nine tax brackets ranging from 1% to 12.3%, plus an additional 1% tax on income over $1 million (Mental Health Services Tax). See complete bracket tables below.
Is Social Security taxed in California? No. California does not tax Social Security retirement benefits, including survivor’s benefits and disability benefits. Social Security income may be partially taxable at the federal level but is fully exempt from California state income tax.
Does California tax retirement income? California fully taxes income from retirement accounts (401(k), IRA, 403(b)) and pensions at the state’s regular income tax rates. All pension income, whether from government or private employers, is taxable. However, Social Security benefits are exempt.
Do I need to file a California income tax return? You must file if you are a California resident and either: (1) are required to file a federal return, or (2) have gross income exceeding the filing threshold for your filing status. Non-residents must file if they have California-source income. See filing requirements section below for specific income thresholds.
California Income Tax Rates and Brackets (2026)
The following tax rates and brackets apply to income earned in 2025, reported on tax returns filed in 2026.
| California Income Tax Rates and Brackets (2026) | |
|---|---|
| The following tax rates and brackets apply to income earned in 2025, reported on tax returns filed in 2026. | |
| Tax Attribute | Amount/Status |
| Lowest Tax Rate | 1% |
| Highest Tax Rate | 13.3% (12.3% + 1% Mental Health Services Tax) |
| Tax Structure | Progressive |
| Number of Brackets | 9 brackets + Mental Health Services Tax |
| State Income Tax | Yes |
| Local Income Tax | No |
| Standard Deduction (Single) | $5,706 |
| Standard Deduction (Married Filing Jointly) | $11,412 |
| Personal Exemption | None (California does not offer personal exemptions) |
| California Income Tax Brackets 2026 — Single Filers | |
|---|---|
| Taxable income brackets and marginal rates. | |
| Taxable Income | Tax Rate |
| $0 – $11,079 | 1% |
| $11,079 – $26,264 | 2% |
| $26,264 – $41,452 | 4% |
| $41,452 – $57,542 | 6% |
| $57,542 – $72,724 | 8% |
| $72,724 – $371,479 | 9.3% |
| $371,479 – $445,771 | 10.3% |
| $445,771 – $742,953 | 11.3% |
| $742,953+ | 12.3% |
| Over $1,000,000 | Additional 1% Mental Health Services Tax |
| California Income Tax Brackets 2026 — Married Filing Jointly | |
|---|---|
| Taxable Income | Tax Rate |
| $0 – $22,158 | 1% |
| $22,158 – $52,528 | 2% |
| $52,528 – $82,904 | 4% |
| $82,904 – $115,084 | 6% |
| $115,084 – $145,448 | 8% |
| $145,448 – $742,958 | 9.3% |
| $742,958 – $891,542 | 10.3% |
| $891,542 – $1,485,906 | 11.3% |
| $1,485,906+ | 12.3% |
| Over $1,000,000 | Additional 1% Mental Health Services Tax |
| California Income Tax Brackets 2026 — Married Filing Separately | |
|---|---|
| Taxable Income | Tax Rate |
| $0 – $11,079 | 1% |
| $11,079 – $26,264 | 2% |
| $26,264 – $41,452 | 4% |
| $41,452 – $57,542 | 6% |
| $57,542 – $72,724 | 8% |
| $72,724 – $371,479 | 9.3% |
| $371,479 – $445,771 | 10.3% |
| $445,771 – $742,953 | 11.3% |
| $742,953+ | 12.3% |
| Over $1,000,000 | Additional 1% Mental Health Services Tax |
| California Income Tax Brackets 2026 — Head of Household | |
|---|---|
| Taxable Income | Tax Rate |
| $0 – $22,173 | 1% |
| $22,173 – $52,530 | 2% |
| $52,530 – $67,716 | 4% |
| $67,716 – $83,805 | 6% |
| $83,805 – $98,990 | 8% |
| $98,990 – $505,208 | 9.3% |
| $505,208 – $606,251 | 10.3% |
| $606,251 – $1,010,417 | 11.3% |
| $1,010,417+ | 12.3% |
| Over $1,000,000 | Additional 1% Mental Health Services Tax |
Note: The 1% Mental Health Services Tax applies to taxable income exceeding $1 million, making the effective top marginal rate 13.3%.
Source: https://www.ftb.ca.gov/forms/2025/2025-540-tax-rate-schedules.pdf
Statutory Authority
State income tax in California is authorized under the following legal framework:
Constitutional Authority:
- California Constitution, Article XIII, Section 26 – Grants the Legislature power to tax incomes
Statutory Authority:
- California Revenue and Taxation Code, Part 10 (Personal Income Tax Law), Division 2, Sections 17001-18181
- https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=RTC
Administrative Regulations:
- California Code of Regulations, Title 18 (Public Revenues)
- Specific regulations governing personal income tax
Legislative History:
- Original enactment: 1935
- Major amendments: Numerous amendments over decades, including the Mental Health Services Act (Proposition 63) in 2004 adding the 1% tax on income over $1 million
- Current structure effective: Tax Year 2025
This page compiles information directly from these statutory and regulatory authorities as implemented by the California Franchise Tax Board.
Source: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=RTC
Who Must File California Income Tax
Residents
California tax law requires residents to file a state income tax return if:
- You are required to file a federal income tax return, OR
- Your gross income (worldwide) exceeds the threshold for your filing status (see table below)
| Filing Thresholds for Tax Year 2025 (Residents) | ||
|---|---|---|
| Filing Status | Under 65 | 65 or Older |
| Single | $21,744 | $27,450 |
| Married/RDP Filing Jointly | $43,488 | $49,194* |
| Married/RDP Filing Separately | $21,744 | $27,450 |
| Head of Household | $43,488 | $49,194 |
| Qualifying Surviving Spouse/RDP | $43,488 | $49,194 |
*If both spouses are 65 or older, the threshold is $54,900.
Source: https://www.ftb.ca.gov/file/personal/residency-status/index.html
Part-Year Residents
Part-year residents file if they were a California resident for part of the year and had income from any source during their period of residency. Part-year residents:
- File Form 540NR (California Nonresident or Part-Year Resident Income Tax Return)
- Report all income earned while a California resident
- Report California-source income earned while a non-resident
- Prorate standard deduction based on residency period
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
Non-Residents
Non-residents file if they had income from California sources during the tax year, including:
- Wages earned while physically working in California
- Business income from California operations
- Rental income from California property
- Sale of California real estate
- Income from California partnerships, S corporations, or trusts
- Services performed in California (even if for an out-of-state employer)
Important: For W-2 employees, California taxes income based on where services are physically performed, not where the employer is located. Non-residents working remotely from outside California for a California employer generally do not owe California tax on income earned while physically outside the state.
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
What Income Is Taxable in California
Fully Taxable Income
- Wages and salaries
- Self-employment income
- Business income
- Investment income (interest, dividends, capital gains)
- Retirement account distributions (401(k), IRA, 403(b), pension plans)
- Rental income
- Unemployment compensation (taxable for federal, exempt for California)
- Alimony received (for divorces finalized before 2019)
- Gambling and lottery winnings
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Social Security Benefits
California does NOT tax Social Security benefits. This includes:
- Social Security retirement benefits
- Social Security survivor benefits
- Social Security disability benefits (SSDI)
- Railroad Retirement benefits (Tier 1 equivalent to Social Security)
California requires you to subtract Social Security income included in your federal adjusted gross income when calculating California taxable income.
Federal taxation still applies: While California exempts Social Security, the federal government may tax up to 85% of benefits depending on your combined income.
Source: https://www.ftb.ca.gov/file/personal/income-types/social-security.html
Military Retirement Pay
California fully taxes military retirement pay. There is no exemption or exclusion for military pensions.
Active duty military members stationed in California under military orders who are not California residents do not become California residents solely due to military orders and are not subject to California income tax on their military pay.
Military Spouses Residency Relief Act (MSRRA): Spouses of active duty military can maintain their home state residency and are not taxed by California on income earned in California if:
- The spouse is in California solely to be with the servicemember
- The servicemember is in California under military orders
- The spouse maintains domicile in another state
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Pension Income
California fully taxes all pension income at ordinary income tax rates, including:
- Private employer pensions
- Government pensions (federal, state, local)
- Military pensions
- Public employee pensions (CalPERS, CalSTRS, etc.)
Exception: California does not tax pension income for non-residents. Non-residents of California receiving California-source pension income are not subject to California tax on that pension income.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Retirement Account Distributions
401(k), Traditional IRA, 403(b): Fully taxable as ordinary income
Roth IRA: Qualified distributions are not taxable. Non-qualified distributions of earnings are taxable.
Early Withdrawal Penalty: California imposes a 2.5% penalty on early distributions (before age 59½) from retirement accounts, in addition to the 10% federal early withdrawal penalty.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Unemployment Insurance
California does NOT tax unemployment insurance benefits. While unemployment compensation is taxable for federal purposes, it is exempt from California state income tax.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Standard Deduction and Exemptions
Standard Deduction (Tax Year 2025)
- Single: $5,706
- Married Filing Jointly: $11,412
- Married Filing Separately: $5,706
- Head of Household: $11,412
- Qualifying Surviving Spouse/RDP: $11,412
Additional Deductions
California does not provide additional standard deduction amounts for taxpayers who are 65 or older or blind. However, these factors affect filing thresholds.
Personal Exemptions
California does not offer personal exemptions. There are no exemptions for taxpayers, spouses, or dependents. This differs from the federal tax system.
Itemized Deductions
California allows limited itemized deductions. Taxpayers may itemize deductions on Schedule CA (540), but California has different rules and limitations compared to federal itemized deductions:
- Some deductions allowed on federal returns are not allowed for California
- California has additional phase-out rules for higher-income taxpayers
- State and local income taxes are not deductible on California returns
Source: https://www.ftb.ca.gov/file/personal/deductions/index.html
California Income Tax Credits
California offers the following tax credits (top credits only):
1. California Earned Income Tax Credit (CalEITC)
The CalEITC is a refundable tax credit for low-to-moderate income working Californians.
Eligibility for Tax Year 2025:
- At least 18 years old or have a qualifying child
- Earned income of at least $1 and not more than $32,900
- Valid Social Security Number or Individual Taxpayer Identification Number (ITIN)
- Lived in California for more than half the year
- Cannot be claimed as a dependent of another taxpayer (unless you have a qualifying child)
Maximum credit for Tax Year 2025: Up to $3,756 depending on income and number of qualifying children.
Important: ITIN holders are eligible for CalEITC (but not federal EITC).
Source: https://www.ftb.ca.gov/file/personal/credits/caleitc/index.html
2. Young Child Tax Credit (YCTC)
The YCTC provides up to $1,189 per eligible tax return for tax year 2025 for families with a child under age 6.
Eligibility:
- Qualify for CalEITC (with one exception below)
- Have a qualifying child under 6 years old at the end of the tax year
- Meet California EITC requirements
Exception for zero or negative income: For tax year 2025, you may qualify for YCTC with $0 or negative earned income if:
- Total wages do not exceed $35,640
- Total net loss does not exceed $35,640
- You otherwise meet CalEITC and YCTC requirements
Source: https://www.ftb.ca.gov/file/personal/credits/young-child-tax-credit.html
3. Foster Youth Tax Credit (FYTC)
The FYTC provides up to $1,189 per eligible individual for tax year 2025 (up to $2,378 if both taxpayer and spouse/RDP qualify).
Eligibility:
- Age 18 to 25 at the end of the tax year
- Qualify for CalEITC
- Were in foster care at age 13 or older
- Placed through the California foster care system
Source: https://www.ftb.ca.gov/file/personal/credits/foster-youth-tax-credit.html
4. Child and Dependent Care Credit
California offers a nonrefundable tax credit for expenses related to care of a child, spouse, or dependent. Similar to the federal child and dependent care credit, with California-specific rules.
Eligibility: Must have qualifying expenses and meet income requirements.
Source: https://www.ftb.ca.gov/file/personal/credits/index.html
5. Renter’s Credit
California provides a credit for renters who meet certain requirements:
- Single or married/RDP filing separately: $60
- Married/RDP filing jointly, head of household, or qualifying surviving spouse/RDP: $120
Eligibility: Paid rent for at least half the year on California property that was your principal residence.
Source: https://www.ftb.ca.gov/file/personal/credits/index.html
6. Credit for Taxes Paid to Other States
California residents who paid income tax to another state on income that is also taxable by California may claim a credit to avoid double taxation.
Requirements:
- Income must be taxable by both California and the other state
- Credit is limited to the lesser of: the tax paid to the other state or the California tax on the same income
Form required: Schedule S, Other State Tax Credit
Source: https://www.ftb.ca.gov/file/personal/credits/index.html
Filing Deadlines
Regular Deadline
April 15, 2026 for Tax Year 2025 returns
If April 15 falls on a weekend or holiday, the deadline is the next business day.
Extension Deadline
October 15, 2026
California provides an automatic 6-month extension to file. To receive an extension:
- California extension is automatic if you file a federal extension, OR
- File California Form 3519 (Payment for Automatic Extension for Individuals) by April 15, 2026, OR
- Pay your estimated tax online by April 15, 2026
Important: An extension to file is not an extension to pay. Any tax owed must still be paid by April 15, 2026 to avoid late payment penalties and interest.
Source: https://www.ftb.ca.gov/file/when-to-file/index.html
Estimated Tax Payments
If you have income not subject to withholding, quarterly estimated payments are due:
- Q1 2025: April 15, 2025 (for income January 1 – March 31, 2025)
- Q2 2025: June 16, 2025 (for income April 1 – May 31, 2025)
- Q3 2025: September 15, 2025 (for income June 1 – August 31, 2025)
- Q4 2025: January 15, 2026 (for income September 1 – December 31, 2025)
Estimated tax form: Form 540-ES, Estimated Tax for Individuals
Filing Options for California Income Tax
Online Filing (E-File)
Electronic filing is available through:
- CalFile (Free): California’s free online filing system for eligible taxpayers – https://www.ftb.ca.gov/online/calfile/
- MyFTB Account: Secure online account management – https://www.ftb.ca.gov/online/myftb/index.html
- IRS-Approved Tax Software: Commercial software that supports California returns (TurboTax, H&R Block, TaxAct, etc.)
- Free File Options: Free filing available through FTB for taxpayers with AGI of $49,078 or less
Benefits of e-filing:
- Fastest refund processing
- Immediate confirmation of receipt
- Reduces errors through automatic calculations
Source: https://www.ftb.ca.gov/file/ways-to-file/online/index.html
Paper Filing
Paper forms are available for download and mail filing:
- Resident Form: Form 540, California Resident Income Tax Return
- Non-Resident/Part-Year Form: Form 540NR
- Download Location: https://www.ftb.ca.gov/forms/index.html
Mailing Addresses:
With payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0001
Without payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0002
Source: https://www.ftb.ca.gov/file/ways-to-file/paper/index.html
Tax Preparer Options
Licensed tax professionals familiar with California tax law include:
- CPA (Certified Public Accountant)
- Enrolled Agent (EA)
- California Tax Education Council (CTEC) Registered Tax Preparer
- Tax Attorney
Special Considerations for California Income Tax
Remote Workers and Multi-State Taxation
Living in California, Working for Out-of-State Employer
As a California resident, you owe California income tax on ALL income, regardless of where your employer is located.
What this means:
- Employer location does NOT determine tax obligation
- Income from employers in other states is fully taxable in California
- California taxes residents on worldwide income
- You must file a California resident return reporting all income
Example: A California resident working remotely for a New York company owes California income tax on all wages, even though the work is performed at home in California for a New York employer.
Credit for taxes paid to other states: If your employer withholds income tax for their state, you may be able to claim a credit on your California return for taxes paid to the other state.
Source: https://www.ftb.ca.gov/file/personal/residency-status/index.html
Working in California, Living in Another State
Non-residents who perform work IN California owe California income tax on income earned from California sources.
Physical Presence Rule: Income is sourced to California based on where work is physically performed.
How to calculate California-source income: One method is to multiply your total annual income by the ratio of days worked in California over total days worked. For example:
- If you worked 50 days in California out of 250 total work days
- California-source income = Total income × (50/250) = 20% of total income
Form required: Form 540NR, California Nonresident or Part-Year Resident Income Tax Return
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
⚠️ Interstate Tax Risk Indicator
Remote workers involving California commonly encounter tax complications with specific states:
Working with these states requires careful planning:
- New York – Applies “convenience of the employer” rule that may tax non-residents working remotely
- Arkansas – May assert tax jurisdiction on remote workers
- Delaware – Complex rules for remote workers
- Nebraska – Special sourcing rules for remote income
- Pennsylvania – 200+ local income tax jurisdictions can affect multi-state workers
Important: California does NOT apply a “convenience of the employer” rule. California only taxes non-residents on income from work physically performed in California.
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
“Convenience of the Employer” Rule
California does NOT apply a “convenience of the employer” rule.
Non-residents are taxed only on income from work physically performed in California. If you are a non-resident working remotely from your home state for a California employer, and you never physically work in California, you do not owe California income tax on that income.
Key principle: For W-2 employees, California sources income based on where services are physically performed, not where the employer is located.
Exception – Independent Contractors: California has different sourcing rules for independent contractors. For independent contractors and sole proprietors, income is sourced to where the benefit of the service is received by the customer, not where the contractor performs the work.
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
Reciprocal Agreements
California does NOT have reciprocal agreements with other states.
This means:
- California residents working in other states must file returns in both California and the work state
- Non-residents working in California must file a California non-resident return
- You cannot file an exemption certificate to avoid withholding
- Credits for taxes paid to other states are available to avoid double taxation
Source: https://www.ftb.ca.gov/file/personal/residency-status/index.html
Multi-State Tax Filing
When earning income in multiple states:
- File a resident return in California reporting all income from all sources
- File non-resident returns in other states where income was earned
- Claim a credit on California return for taxes paid to other states using Schedule S (Other State Tax Credit)
Forms required:
- California Form 540 – California Resident Income Tax Return
- Schedule S – Other State Tax Credit
- Non-resident returns for each state where income was earned
Important: The credit is limited to the lesser of:
- The tax paid to the other state, OR
- The California tax on the same income
Source: https://www.ftb.ca.gov/file/personal/credits/index.html
Tax Residency vs Domicile
Understanding the difference between residency and domicile is critical for determining California tax obligations.
Domicile Defined
Domicile is your permanent legal home – the place you intend to return to and consider your true, fixed, permanent home.
Key characteristics:
- You can have only ONE domicile at a time
- Domicile continues until you establish a new domicile elsewhere with intent to remain indefinitely
- Intent to return is critical – temporary absences do not change domicile
- Domicile is where you have your most settled and permanent connection
Factors establishing domicile:
- Where you maintain your primary residence
- Where you are registered to vote
- Where you have your driver’s license
- Where you file homestead exemption
- Where your family resides
- Where you maintain significant bank accounts
- Where you belong to social, professional, and religious organizations
- Stated intent in legal documents (wills, trusts)
- Where you have professional licenses
- Where you register vehicles
Source: https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
Residency Defined
Residency for California tax purposes can be established through physical presence even without domicile.
California has two tests for determining residency. You are a California resident if you meet either test:
Test 1 – Inside California Test: You are inside California for other than a temporary or transitory purpose.
Test 2 – Outside California Test: You are domiciled in California but are outside California for a temporary or transitory purpose.
“Temporary or Transitory” Analysis: Whether your purpose in California (or absence from California) is temporary depends on:
- Length of stay
- Nature and reason for stay
- Connections maintained to California
- Whether you maintain a place of abode in California
Important: Being in California for more than 9 months generally means your stay is NOT temporary or transitory, even if you maintain a domicile elsewhere.
Source: https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
| Critical Differences — Domicile vs Tax Residency (California) | ||
|---|---|---|
| Factor | Domicile | Tax Residency |
| Number allowed | One at a time | Can be resident of multiple states |
| Based on | Intent + permanent connections | Physical presence + statutory rules |
| Changes when | Establish new permanent home with clear intent to remain | Meet California’s presence threshold OR maintain domicile while absent temporarily |
| Tax impact | Taxed as resident while absent temporarily | Taxed as resident even if domiciled elsewhere |
Common Conflict Scenarios
Scenario 1: Snowbirds
- Domicile: Arizona (permanent home, voting, driver’s license)
- Winter residence: California (5 months/year)
- Tax result: May become California resident if stay exceeds 9 months or is for indefinite period
Scenario 2: Extended work assignment
- Domicile: Texas (permanent home, family remains there)
- Work assignment: California (10 months, rented apartment)
- Tax result: Likely California resident because stay exceeds 9 months and is not temporary
Scenario 3: College student
- Domicile: Nevada (parents’ home, intend to return after graduation)
- College location: California (4 years)
- Tax result: Generally NOT California resident if stay is solely for education and student intends to return home
Source: https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
Safe Harbor Rule for Employment-Related Contracts
California provides a “safe harbor” that allows individuals domiciled in California to be treated as non-residents while working outside California under an employment-related contract if ALL of the following conditions are met:
- You are outside California under an employment-related contract
- Your absence is for an uninterrupted period of at least 546 consecutive days (approximately 18 months)
- You have less than $200,000 in income from intangible sources (interest, dividends, capital gains) during each tax year of absence
- Your principal place of residence is outside California during the entire period
- You are present in California for no more than 45 days during any tax year of the contract
Important: Days visiting California count toward the 45-day limit and interrupt the consecutive day requirement if they exceed 45 days.
Source: https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
Burden of Proof
If California claims you are a resident and you dispute it, the burden of proof typically falls on the taxpayer to prove non-residency.
Common audit triggers:
- Maintaining California driver’s license while claiming residency elsewhere
- Owning California property while claiming non-residency
- Family remaining in California while taxpayer works elsewhere
- Day count near statutory threshold (9 months)
- Significant financial ties to California (bank accounts, investments)
- Professional licenses in California
Source: https://www.ftb.ca.gov/tax-pros/procedures/residency-and-sourcing-technical-manual-disclosure.pdf
Multi-State Residency Conflicts
It is possible to be considered a resident of two states simultaneously if each state’s rules independently classify you as resident.
Resolution:
- File resident returns in both states reporting all income
- Claim credit on domicile state return for taxes paid to statutory resident state
- May require professional tax assistance
- Document your position carefully
Source: https://www.ftb.ca.gov/file/personal/residency-status/index.html
Documentation Commonly Requested in Residency Audits
California Franchise Tax Board may audit residency determinations. The following documentation types are commonly requested:
| Primary Residency Evidence | |
|---|---|
| Document Type | What It Shows |
| Driver's License | State of legal residence |
| Voter Registration | Where you exercise voting rights |
| Vehicle Registration | Where vehicles are domiciled |
| Professional Licenses | State of professional domicile |
| Passport | Address listed as residence |
| Physical Presence Documentation | |
|---|---|
| Document Type | What It Shows |
| Day-Count Logs | Physical location by day |
| Travel Records | Interstate travel patterns (flight records, hotel receipts) |
| Credit Card Statements | Geographic spending patterns |
| Cell Phone Records | Location data from carrier |
| Toll Records | State line crossings (FasTrak, E-ZPass) |
| Gym Membership | Regular use patterns |
| Property and Financial Ties | |
|---|---|
| Document Type | What It Shows |
| Property Ownership | Real estate holdings |
| Homeowner's Exemption | Primary residence claim |
| Utility Bills | Physical occupancy patterns (electricity, gas, water, internet) |
| Home/Rental Lease | Residence location |
| Bank Statements | Financial institution locations |
| Property Tax Bills | Where property taxes are paid |
| Social and Family Connections | |
|---|---|
| Document Type | What It Shows |
| Family Location | Where spouse/children reside and attend school |
| Medical Records | Where you receive regular care (doctors, dentists) |
| Religious Affiliation | Place of worship attendance |
| Club Memberships | Social/recreational ties (country clubs, gyms) |
| Pet Records | Veterinary records showing location |
| Employment Documentation | |
|---|---|
| Document Type | What It Shows |
| W-2 Forms | Employer location, work state |
| Employment Contract | Work location requirements |
| Remote Work Agreement | Authorization to work remotely |
| Pay Stubs | Employer address |
| Intent Documentation | |
|---|---|
| Document Type | What It Shows |
| Will/Estate Documents | Stated domicile for estate purposes |
| Tax Returns | Prior year residency claims |
| Insurance Policies | Address on file with insurers |
| Mortgage Documents | Primary residence designation |
Burden of Proof: In residency disputes, the burden typically falls on the taxpayer to prove non-residency or domicile elsewhere.
Source: https://www.ftb.ca.gov/tax-pros/procedures/residency-and-sourcing-technical-manual-disclosure.pdf
Note: This section provides factual information about documentation types commonly requested. It does not constitute legal or tax advice.
Military Personnel
Servicemembers Civil Relief Act (SCRA)
Active duty military members stationed in California due to military orders:
- Do NOT become California residents solely due to military orders
- Pay income tax to their state of legal residence (domicile), not California
- Not subject to California income tax on military pay if domiciled in another state
- Must maintain domicile in their home state (voter registration, driver’s license, etc.)
Military Spouses Residency Relief Act (MSRRA):
Spouses of active duty military can maintain their home state residency and are not taxed by California on income earned in California if:
- Spouse is in California solely to be with the servicemember
- Servicemember is in California under military orders
- Spouse maintains domicile in another state
Form required: The spouse must provide documentation to the employer to claim exemption from California withholding.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Military Retirement Pay
California fully taxes military retirement pay. There is no exemption, exclusion, or age-based benefit for military retirement income.
Military retirees who are California residents must pay California income tax on all military retirement benefits.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
What Military Members DO Owe Tax On
Military members who ARE California residents (domicile in California) owe California income tax on:
- Non-military income earned in California
- Investment income (interest, dividends, capital gains)
- Rental income from California property
- Business income
- Spouse’s income (if spouse works)
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Retirees
Social Security Benefits
California does NOT tax Social Security benefits.
This includes:
- Social Security retirement benefits
- Social Security survivor benefits
- Social Security disability benefits
Federal taxation: Social Security may still be taxable on your federal return depending on your combined income.
Source: https://www.ftb.ca.gov/file/personal/income-types/social-security.html
Pension Income
Private Pensions: California fully taxes distributions from private employer pension plans at ordinary income tax rates. There are no deductions or exemptions for private pension income.
Public Pensions: California fully taxes pension income from:
- Federal government pensions
- California state government pensions (CalPERS, CalSTRS)
- Local government pensions
- Out-of-state government pensions
Military pensions: Fully taxable (see Military Personnel section above)
Exception: California does not tax pension income for non-residents. If you are not a California resident and receive pension income from California sources, that income is not taxable by California.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Retirement Account Distributions
401(k) and Traditional IRA: California fully taxes distributions at ordinary income tax rates. There are no special deductions or exemptions for retirement account distributions.
Roth IRA: Qualified distributions from Roth IRA accounts are not taxable. Non-qualified distributions of earnings are taxable.
Early Withdrawal Penalty: California imposes a 2.5% penalty on early distributions (before age 59½) from qualified retirement plans, in addition to the 10% federal penalty.
Required Minimum Distributions (RMDs): RMDs from traditional retirement accounts are fully taxable as ordinary income.
Source: https://www.ftb.ca.gov/file/personal/income-types/index.html
Students
College students attending school in California do NOT automatically become residents for tax purposes.
You remain a non-resident if:
- You maintain legal residence (domicile) in another state
- Your presence in California is temporary for educational purposes
- You intend to return to your home state after graduation
- Your parents claim you as a dependent and live in another state
You owe California tax only on California-source income:
- Wages earned from working in California
- Scholarships/fellowships used for non-qualified expenses (if state taxes these)
- Any business income from California sources
Establishing California residency as a student:
Students CAN become California residents if they take affirmative steps to establish domicile:
- Register to vote in California
- Obtain California driver’s license
- Purchase property in California
- Maintain continuous presence beyond educational purposes
- Demonstrate intent to remain in California permanently
Important: Simply attending college in California for 4+ years does not automatically make you a resident if you intend to return to your home state after graduation.
Source: https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
Part-Year Residents
If you moved TO or FROM California during 2025, California law requires filing as a part-year resident.
Income allocation:
- Report ALL income earned while a California resident (from all sources worldwide)
- Report California-source income earned while a non-resident of California
- Exclude income earned while a resident of another state (from non-California sources)
- Prorate standard deduction based on months of residency
Moving TO California:
Example: You moved to California on July 1, 2025
- Report all income from July 1 – December 31, 2025 (worldwide sources)
- Report California-source income from January 1 – June 30, 2025
- File non-resident return in former state for income earned January 1 – June 30, 2025
Moving FROM California:
Example: You moved from California on June 30, 2025
- Report all income from January 1 – June 30, 2025 (worldwide sources)
- Report California-source income from July 1 – December 31, 2025
- File non-resident or part-year resident return in new state for income earned July 1 – December 31, 2025
Form required: Form 540NR, California Nonresident or Part-Year Resident Income Tax Return
Key schedules:
- Schedule CA (540NR) – California Adjustments for part-year residents
- Used to allocate income and deductions between resident and non-resident periods
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
Common Tax Filing Situations
These are factual clarifications based on official California guidance and tax law.
Situation: “My employer is in another state, so I don’t owe California tax”
California law: California residents owe tax on all income regardless of employer location. Employer location does not determine tax obligation. If you live in California, you are taxed on worldwide income.
Source: https://www.ftb.ca.gov/file/personal/residency-status/index.html
Situation: “I work remotely full-time from home, so I don’t owe tax anywhere”
Tax law principle: All income is taxable in at least one jurisdiction. Remote work does not exempt income from taxation. You owe tax to the state where you reside (for residents) or where you physically perform work (for non-residents).
Source: IRS Publication 17
Situation: “I’m a part-year resident, so I owe California tax on half my income”
California law: Part-year residents owe tax on ALL income earned during their California residency period, plus California-source income earned during non-residency. This is not a simple 50% reduction. You must allocate income based on actual residency periods.
Source: https://www.ftb.ca.gov/file/personal/residency-status/part-year-and-nonresident.html
Situation: “I lived in California for 8 months, so I’m not a resident”
California law: Being in California for more than 9 months creates a presumption that your stay was not temporary or transitory, meaning you may be classified as a resident. Length of stay is only one factor – the nature and purpose of your stay also matter.
Source: https://www.ftb.ca.gov/tax-pros/procedures/residency-and-sourcing-technical-manual-disclosure.pdf
Forms & Publications
Primary Tax Return Forms
Resident return:
- Form 540 – California Resident Income Tax Return
- Instructions: https://www.ftb.ca.gov/forms/2025/2025-540-instructions.html
- Download: https://www.ftb.ca.gov/forms/2025/2025-540.pdf
Non-resident/part-year return:
- Form 540NR – California Nonresident or Part-Year Resident Income Tax Return
- Instructions: https://www.ftb.ca.gov/forms/2025/2025-540nr-instructions.html
- Download: https://www.ftb.ca.gov/forms/2025/2025-540nr.pdf
Common Schedules
- Schedule CA (540) – California Adjustments – Residents
- Schedule CA (540NR) – California Adjustments – Nonresidents or Part-Year Residents
- Schedule D (540) – Capital Gain or Loss Adjustment
- Schedule P (540) – Alternative Minimum Tax and Credit Limitations – Residents
- Schedule S – Other State Tax Credit
Withholding Forms
- Form DE 4 – Employee’s Withholding Allowance Certificate (California equivalent to federal W-4)
- Employer Withholding Schedules: Available at https://www.edd.ca.gov/
Tax Credit Forms
- Form FTB 3514 – California Earned Income Tax Credit (CalEITC)
- Form FTB 3514 – Also used for Young Child Tax Credit and Foster Youth Tax Credit
Estimated Tax Forms
- Form 540-ES – Estimated Tax for Individuals
- Used for quarterly estimated tax payments
Key Publications
- FTB Publication 1031 – Guidelines for Determining Resident Status
- FTB Publication 1100 – Taxation of Nonresidents and Individuals who Change Residency
- FTB Publication 1004 – Equity-Based Compensation Guidelines
- FTB Publication 1005 – Pension and Annuity Guidelines
Where to Submit Paper Returns
With payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0001
Without payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0002
Amended returns: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0002
Penalties and Interest
Late Filing Penalty
California imposes a penalty of 5% of the tax due per month (or part of a month) if the return is filed late, up to a maximum of 25% of the tax due (after applying timely payments and credits).
Minimum penalty: $135 or 100% of the tax due (whichever is less) if you owe $540 or less.
The penalty is calculated from the original due date of the return, even if you requested an extension.
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/index.html
Late Payment Penalty
California imposes a one-time penalty of 5% of the unpaid tax if payment is not made by the due date, plus an additional 0.5% per month on the unpaid tax, up to a maximum of 25% total.
Important: The late payment penalty applies even if you filed an extension to file. An extension to file is not an extension to pay.
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/index.html
Interest on Unpaid Tax
Interest accrues on unpaid tax from the original due date of the tax return until the tax is paid in full. Interest also accrues on penalties from the date the penalty is assessed until paid.
Current rate: 8% per year (as of 2025, first half of the year)
The interest rate is set by law and adjusts twice per year (on January 1 and July 1) based on the federal underpayment rate plus 3%.
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/interest-and-estimate-penalty-rates.html
Underpayment of Estimated Tax Penalty
If you are self-employed or have income not subject to withholding, you may owe a penalty for underpaying estimated taxes if you did not pay enough tax throughout the year.
Safe harbor provisions:
California law specifies that no penalty applies if estimated payments total at least:
- 90% of current year’s tax liability, OR
- 100% of prior year’s tax liability (if prior year was a full 12-month year and you filed a return)
For higher-income taxpayers (AGI over $150,000 or $75,000 if married filing separately), the safe harbor is 110% of prior year’s tax.
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/index.html
One-Time Penalty Abatement
California offers one-time penalty abatement for taxpayers with a good compliance history.
Eligibility:
- Individual taxpayers only
- Have not been previously granted one-time penalty abatement
- Have paid all outstanding liabilities or arranged an installment agreement
- Failed to file or pay timely due to reasonable cause
Penalties eligible for abatement:
- Failure to file penalty
- Failure to pay penalty
Form: Form 2918, One-Time Penalty Abatement – Individual
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/one-time-penalty-abatement.html
Reasonable Cause Penalty Waiver
California may waive penalties if you can demonstrate reasonable cause for late filing or payment.
Examples of reasonable cause:
- Death or serious illness of taxpayer or immediate family member
- Natural disaster or casualty loss
- Inability to obtain records
- Reliance on erroneous written advice from FTB
Not reasonable cause:
- Ignorance of the law
- Relying on an agent to file (unless agent gave bad advice about the law)
- Lack of funds to pay
Forms:
- Form 2917 – Reasonable Cause – Individual and Fiduciary Claim for Refund
- Form 2924 – Reasonable Cause – Business Entity Claim for Refund
Source: https://www.ftb.ca.gov/pay/penalties-and-interest/help-with-penalties-and-fees.html
Information Verification Log
| California Income Tax — Information Verification Log | ||
|---|---|---|
| Information Type | Source | Last Verified |
| Tax rates and brackets | CA FTB 2025 Tax Rate Schedules (Form 540) | February 11, 2026 |
| Standard deduction amounts | CA FTB — Personal Filing Information | February 11, 2026 |
| Tax credits | CA FTB — Personal Tax Credits | February 11, 2026 |
| Filing deadlines | CA FTB — Filing Information | February 11, 2026 |
| Forms and publications | CA FTB — Forms and Publications | February 11, 2026 |
| Residency rules | CA FTB Publication 1031 — Residency | February 11, 2026 |
| Social Security taxation | CA FTB — Social Security Income | February 11, 2026 |
Official California Income Tax Resources
All information on this page is compiled exclusively from official government sources.
California Franchise Tax Board (FTB)
- Main Website: https://www.ftb.ca.gov/
- Tax Forms: https://www.ftb.ca.gov/forms/index.html
- Tax Rate Tables: https://www.ftb.ca.gov/file/personal/tax-calculator-tables-rates.asp
- Filing Information: https://www.ftb.ca.gov/file/index.html
- Online Filing Portal (CalFile): https://www.ftb.ca.gov/online/calfile/
- MyFTB Account Login: https://www.ftb.ca.gov/online/myftb/index.html
- Tax Credits Information: https://www.ftb.ca.gov/file/personal/credits/index.html
- Residency Guidance (FTB Pub. 1031): https://www.ftb.ca.gov/forms/2024/2024-1031-publication.pdf
- Withholding Information: https://www.ftb.ca.gov/file/business/withholding/index.html
- Publications Library: https://www.ftb.ca.gov/forms/index.html
- Social Security Taxation: https://www.ftb.ca.gov/file/personal/income-types/social-security.html
- CalEITC Homepage: https://www.ftb.ca.gov/file/personal/credits/caleitc/index.html
- Penalties and Interest: https://www.ftb.ca.gov/pay/penalties-and-interest/index.html
California Tax Code and Regulations
- California Revenue and Taxation Code: https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=RTC
- California Code of Regulations, Title 18: Regulations implementing the Revenue and Taxation Code
- Legislative Updates: https://leginfo.legislature.ca.gov/
Contact Information
General Inquiries:
- Phone: 800-852-5711
- Hours: Monday – Friday, 8:00 AM – 5:00 PM (Pacific Time), except state holidays
- TTY: 800-735-2929
Automated Services:
- Phone: 800-338-0505 (24/7 automated information)
Field Offices (by appointment):
Sacramento Office:
- Address: 3321 Power Inn Road, Suite 250, Sacramento, CA 95826-3893
- Phone: 916-227-6822
- Appointment: https://www.ftb.ca.gov/help/contact/office-locations.html
Los Angeles Office:
- Address: 300 South Spring Street, Suite 5704, Los Angeles, CA 90013-1233
- Phone: 213-897-5196
- Appointment: https://www.ftb.ca.gov/help/contact/office-locations.html
Oakland Office:
- Address: 1515 Clay Street, Suite 305, Oakland, CA 94612-1445
- Phone: 510-622-4693
- Appointment: https://www.ftb.ca.gov/help/contact/office-locations.html
Mailing Addresses:
Tax Returns with payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0001
Tax Returns without payment: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0002
General Correspondence: Franchise Tax Board
PO Box 942840
Sacramento, CA 94240-0040
Source: https://www.ftb.ca.gov/help/contact/index.html
Taxpayer Rights Advocate
California Taxpayer Rights Advocate Office:
The Taxpayer Rights Advocate assists taxpayers who are experiencing hardship or who have been unable to resolve their tax issues through normal FTB channels.
- Phone: 800-883-5910
- Hours: Monday – Friday, 8:00 AM – 5:00 PM (Pacific Time)
- Website: https://www.ftb.ca.gov/about-ftb/taxpayers-rights-advocate/index.html
Source: https://www.ftb.ca.gov/about-ftb/taxpayers-rights-advocate/index.html
Free Tax Assistance
VITA (Volunteer Income Tax Assistance):
Free tax preparation for individuals making $60,000 or less, persons with disabilities, and limited English speakers.
- Find locations: https://irs.treasury.gov/freetaxprep/
- Phone: 800-906-9887
TCE (Tax Counseling for the Elderly):
Free tax help for taxpayers age 60 or older.
- Find locations: https://irs.treasury.gov/freetaxprep/
AARP Foundation Tax-Aide:
Free tax preparation for low-to-moderate income taxpayers, with special attention to those age 50 and older.
- Find locations: https://www.aarp.org/money/taxes/aarp_taxaide/
- Phone: 888-227-7669
MyFreeTaxes:
Free online and in-person tax preparation for California taxpayers.
- Website: https://www.myfreetaxes.org/
Where to Check for Updates
Current Tax Rate Tables: https://www.ftb.ca.gov/file/personal/tax-calculator-tables-rates.asp Updated annually, typically published in December for the following tax year.
Forms Library: https://www.ftb.ca.gov/forms/index.html Forms for the current tax year are typically available starting in December.
Legislative Changes:
- California Legislature Website: https://leginfo.legislature.ca.gov/
- FTB News and Announcements: https://www.ftb.ca.gov/about-ftb/newsroom/index.html
- Tax Law Changes: https://www.ftb.ca.gov/tax-pros/law-changes/index.html
Administrative Guidance:
- FTB Tax News: https://www.ftb.ca.gov/about-ftb/newsroom/tax-news/index.html
- Legal Rulings: https://www.ftb.ca.gov/tax-pros/legal-rulings/index.html
Disaster Relief Information:
- https://www.ftb.ca.gov/about-ftb/newsroom/disaster-relief/index.html
- Updated as disaster declarations are issued
Email Subscription: Sign up for email updates from FTB: https://www.ftb.ca.gov/about-ftb/newsroom/email-subscription.html
Note: This page will be reviewed and updated in January 2027 for Tax Year 2026. For real-time updates, always consult the official California Franchise Tax Board website at https://www.ftb.ca.gov/
Tax Glossary
Adjusted Gross Income (AGI): Total income minus specific deductions (e.g., IRA contributions, student loan interest). Used to calculate tax liability. California AGI may differ from federal AGI due to state-specific adjustments.
Taxable Income: Adjusted Gross Income minus standard deduction (or itemized deductions). This is the amount subject to income tax.
Resident: An individual who either: (1) is in California for other than a temporary or transitory purpose, OR (2) is domiciled in California but is outside California for a temporary or transitory purpose.
Non-Resident: An individual who does not meet California’s residency requirements but may earn income from California sources.
Part-Year Resident: An individual who moved into or out of California during the tax year.
Domicile: Your permanent legal home – the place you intend to return to indefinitely and consider your true, fixed, permanent home. You can have only one domicile at a time.
California-Source Income: Income attributable to California sources, including wages for work performed in California, rental income from California property, and business income from California operations.
Withholding: Tax deducted from your paycheck by your employer and sent to the FTB on your behalf.
Reciprocity: An agreement between states where residents working across state lines pay tax only to their state of residence. California does NOT have reciprocity agreements with any states.
Tax Credit: Dollar-for-dollar reduction in tax owed (e.g., $500 credit reduces tax by $500).
Tax Deduction: Reduces taxable income (e.g., $500 deduction reduces taxable income by $500, typically saving $5-67 depending on tax bracket).
Filing Status: Category determining tax rates and standard deduction (Single, Married Filing Jointly, Married Filing Separately, Head of Household, Qualifying Surviving Spouse/RDP).
Standard Deduction: Fixed dollar amount subtracted from income before calculating tax. Alternative to itemizing deductions.
Registered Domestic Partner (RDP): California recognizes registered domestic partnerships. For California tax purposes, RDPs are treated the same as married couples.
Mental Health Services Tax: An additional 1% tax on taxable income exceeding $1 million, enacted by Proposition 63 in 2004 to fund mental health services.
Safe Harbor (Employment Contract): A provision allowing California domiciliaries working outside California under employment contracts to be treated as non-residents if specific conditions are met (546+ consecutive days outside California, less than $200,000 intangible income, less than 45 days/year in California).
Update History
This section documents all material changes to California income tax information on this page.
February 2026 – Initial Publication
- Published comprehensive California income tax guide
- Tax Year 2025 (returns filed in 2026)
- All sections verified from official California Franchise Tax Board sources
- Tax brackets verified from FTB Publication: 2025 California Tax Rate Schedules
- Residency rules verified from FTB Publication 1031 (2024 edition)
- Tax credits verified from FTB website as of February 11, 2026
- Source: California Franchise Tax Board, https://www.ftb.ca.gov/
Future Updates
Annual Update Schedule:
- January: Tax rate and bracket updates for new tax year
- Mid-Year Review: Legislative changes enacted during legislative session
- Continuous Monitoring: Emergency tax legislation, disaster relief provisions
- Quarterly: Verification that all official FTB URLs remain functional
Next scheduled comprehensive review: January 2027 for Tax Year 2026
Additional Resources
IRS Resources (Federal Tax):
- IRS Website: https://www.irs.gov/
- IRS Publication 17 (Your Federal Income Tax): https://www.irs.gov/publications/p17
- IRS Publication 505 (Tax Withholding and Estimated Tax): https://www.irs.gov/publications/p505
Multi-State Tax Resources:
- Federation of Tax Administrators: https://www.taxadmin.org/
- State income tax information: https://www.taxadmin.org/state-tax-agencies
California-Specific:
- California Department of Tax and Fee Administration (sales tax, special taxes): https://www.cdtfa.ca.gov/
- California Employment Development Department (payroll taxes): https://www.edd.ca.gov/
- California Legislature: https://leginfo.legislature.ca.gov/
Professional Organizations:
- California Society of CPAs: https://www.calcpa.org/
- California Society of Enrolled Agents: https://www.csea.org/
- State Bar of California (Tax Section): https://www.calbar.ca.gov/