Notifying CA state you moved?

Yeti831
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https://moskowitzllp.com/leaving-california-and-the-franchise-tax-board…

Has anyone heard of this before?

I haven’t officially changed residency yet, but will be doing so in January and was going to trade my car in shortly after.

Beyond notifying them you moved out of state on the vehicle registration renewal form, does any of the crap on the website actually have to done or can you just notify DMV and wash your hands of it?
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12/15/2020 8:15pm
What was that airline commercial that used to say, You are now free to move about the country? Yea, it doesn't look like that is the case.
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Yeti831
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12/15/2020 11:52pm
What was that airline commercial that used to say, You are now free to move about the country? Yea, it doesn't look like that is the...
What was that airline commercial that used to say, You are now free to move about the country? Yea, it doesn't look like that is the case.
That’s what it’s looking like.

But I mean if I go to CA DMV’s website to report change of address once I have a Utah license, and also denote on the registration form that I’m no longer the owner of my vehicle once I trade it in... what can they possibly legally do? Because the way I see it, CA laws don’t pertain to me if I’m not a resident and I’m not in the state 🤷‍♂️

This sounds like some crazy shit that clearly is a blatant violation of Saenz v. Roe, 526 U.S. 489.

But I’m just wondering if anyone has had to deal with similar issues when leaving CA and declaring residency in another state.

I don’t have any property or businesses that will be left in the state, so there’s no way they can argue it’s “temporary “.

Sorry to try and bring legal jumbo onto a moto board. Just curious what others have done in the past?

Thank you.
avidchimp
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12/16/2020 8:06am Edited Date/Time 12/16/2020 8:22am
As far as the DMV goes, you don't need to do anything if you are registering the vehicle in UT, but it never hurts to let them know you have left the state permanently. If you don't register your vehicle in UT before you trade it in/sell it you will have to notify the CA DMV with release of liability.

As far as the F.T.B. you don't need to do anything. Just pay whatever taxes you owe for income earned while in the state at tax time. If there isn't any money being earned from a CA employer there isn't anything they can go after.
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Yeti831
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12/16/2020 8:56am
avidchimp wrote:
As far as the DMV goes, you don't need to do anything if you are registering the vehicle in UT, but it never hurts to let...
As far as the DMV goes, you don't need to do anything if you are registering the vehicle in UT, but it never hurts to let them know you have left the state permanently. If you don't register your vehicle in UT before you trade it in/sell it you will have to notify the CA DMV with release of liability.

As far as the F.T.B. you don't need to do anything. Just pay whatever taxes you owe for income earned while in the state at tax time. If there isn't any money being earned from a CA employer there isn't anything they can go after.
Ok, the last sentence is what I thought.

And no, I wouldn’t be registering my vehicle here. Just doing a trade in. So just mail it all in to the DMV with my registration renewal forms, mark on the form the vehicle is sold and send supporting documents with it?

Thanks, everyone. I was getting worried for a bit 👍

The Shop

avidchimp
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12/16/2020 9:02am
Technically you only have 10 days to notify the DMV of release of liability. The dealer should be able to help with/provide that for you at time of trade-in.

Here is a link to the printable pdf. You can also do it online.

https://www.dmv.ca.gov/portal/uploads/2020/06/reg138.pdf
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Falcon
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12/16/2020 9:07am
I moved to AZ for two years and was not required to pay taxes in CA, other than for the time I was employed here. (I have since moved back.)

The DMV was another story, however. It was an absolute bone-crushing nightmare to get those people to understand I did not want to re-register my vehicle in California. They do not answer their phone, there is no place on the registration card to indicate you have sold the vehicle, and they will penalize you for late registration fees. This was after I mailed them proof of registration in Arizona.
My suggestion for your cars would be to light them on fire in your driveway, dump wheelbarrows full of cash on them while aflame, and then report them as total losses and buy new ones in the state you are moving to. It will be cheaper and easier than dealing with the DMV directly. I'm only half-joking.
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Yeti831
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12/16/2020 10:22am Edited Date/Time 12/16/2020 10:26am
Falcon wrote:
I moved to AZ for two years and was not required to pay taxes in CA, other than for the time I was employed here. (I...
I moved to AZ for two years and was not required to pay taxes in CA, other than for the time I was employed here. (I have since moved back.)

The DMV was another story, however. It was an absolute bone-crushing nightmare to get those people to understand I did not want to re-register my vehicle in California. They do not answer their phone, there is no place on the registration card to indicate you have sold the vehicle, and they will penalize you for late registration fees. This was after I mailed them proof of registration in Arizona.
My suggestion for your cars would be to light them on fire in your driveway, dump wheelbarrows full of cash on them while aflame, and then report them as total losses and buy new ones in the state you are moving to. It will be cheaper and easier than dealing with the DMV directly. I'm only half-joking.
I saw that on the card just now actually. I figured just print the change of address form, pdf all the documents, mail it to their address tracked and that’s all she wrote.

My registration expires after February and I won’t be a CA resident after January.

I guess my main concern was taxes and whatnot. As far as dmv is concerned, I’m doing change of address to their standards and washing my hands of it after I mail in release of liability or registration in a different state. If the dmv can’t figure it out, that’s on them.

Thanks again for the help 👍
12/16/2020 10:33am
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need to notify them?
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12/16/2020 11:21am
Finally got out of there for good officially today. I don’t plan on notifying them of anything. That state can suck a fat one.
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Yeti831
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12/16/2020 11:35am
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need...
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need to notify them?
Pretty much where I’m at, especially if I don’t even own the car anymore 🤷‍♂️ Like what, are they going to enforce CA law against someone who isn’t a CA resident over a car they no longer own and is registered in a different state? They can have fun with that.

But based on what Falcon said, I may just register it in Utah when I go get my Utah license to make the paperwork easier. As stated, there nothing on the registration renewal about no longer having the vehicle.
Falcon
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12/16/2020 11:56am
Falcon wrote:
I moved to AZ for two years and was not required to pay taxes in CA, other than for the time I was employed here. (I...
I moved to AZ for two years and was not required to pay taxes in CA, other than for the time I was employed here. (I have since moved back.)

The DMV was another story, however. It was an absolute bone-crushing nightmare to get those people to understand I did not want to re-register my vehicle in California. They do not answer their phone, there is no place on the registration card to indicate you have sold the vehicle, and they will penalize you for late registration fees. This was after I mailed them proof of registration in Arizona.
My suggestion for your cars would be to light them on fire in your driveway, dump wheelbarrows full of cash on them while aflame, and then report them as total losses and buy new ones in the state you are moving to. It will be cheaper and easier than dealing with the DMV directly. I'm only half-joking.
Yeti831 wrote:
I saw that on the card just now actually. I figured just print the change of address form, pdf all the documents, mail it to their...
I saw that on the card just now actually. I figured just print the change of address form, pdf all the documents, mail it to their address tracked and that’s all she wrote.

My registration expires after February and I won’t be a CA resident after January.

I guess my main concern was taxes and whatnot. As far as dmv is concerned, I’m doing change of address to their standards and washing my hands of it after I mail in release of liability or registration in a different state. If the dmv can’t figure it out, that’s on them.

Thanks again for the help 👍
Keep your proof. You may need it. Good luck, and Godspeed to somewhere nicer. Wink
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Falcon
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12/16/2020 11:59am
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need...
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need to notify them?
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
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Yeti831
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12/16/2020 12:12pm Edited Date/Time 12/16/2020 2:06pm
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
Taxing a home sold in that state: totally legal

Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement under Article IV.

But thankfully, it looks like I’m free and clear after the DMV shit. I really didn’t want to get a lawyer involved to simply move.

But yeah, CA can keep their “utopia”. Personally, I’m looking forward to actually being able to be a homeowner 😃
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12/16/2020 2:35pm
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
Yeti831 wrote:
Taxing a home sold in that state: totally legal Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement...
Taxing a home sold in that state: totally legal

Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement under Article IV.

But thankfully, it looks like I’m free and clear after the DMV shit. I really didn’t want to get a lawyer involved to simply move.

But yeah, CA can keep their “utopia”. Personally, I’m looking forward to actually being able to be a homeowner 😃
Read somewhere they are trying to pass an exit tax for up to 10 years after you’ve left. Absolutely insane.
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12/16/2020 5:13pm Edited Date/Time 12/16/2020 5:14pm
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need...
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need to notify them?
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
Wow. Hell Tell Gavin to build a wall rifgt up the east coast state line then and not let anyone out. That should solve that problem.
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Yeti831
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12/16/2020 5:50pm
Dirtydeeds wrote:
Read somewhere they are trying to pass an exit tax for up to 10 years after you’ve left. Absolutely insane.
I thought that was stupid conspiracy theory, until I did some digging.

Honestly, I hope it does pass in the next few weeks before I switch residency. I could use the money for a down payment on a home 😂
hubbardmx50
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12/17/2020 4:51pm
Dirtydeeds wrote:
Finally got out of there for good officially today. I don’t plan on notifying them of anything. That state can suck a fat one.
No way! Where did you move?
burn1986
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12/19/2020 12:34pm
Gov Newsom is seriously under medicated.
FLmxer
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Fantasy
12/20/2020 8:41am
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
Yeti831 wrote:
Taxing a home sold in that state: totally legal Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement...
Taxing a home sold in that state: totally legal

Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement under Article IV.

But thankfully, it looks like I’m free and clear after the DMV shit. I really didn’t want to get a lawyer involved to simply move.

But yeah, CA can keep their “utopia”. Personally, I’m looking forward to actually being able to be a homeowner 😃
Dirtydeeds wrote:
Read somewhere they are trying to pass an exit tax for up to 10 years after you’ve left. Absolutely insane.
yea that's the first thing I thought about when I saw this thread. I was reading that the state of Tennessee or somewhere said " Don't even try and rob our new citizens moving from your state to ours with your ten year exit tax and be sure we will protect our new citizens from that and welcome them with open arms."
lol.
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Falcon
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12/22/2020 1:39pm
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
Yeti831 wrote:
Taxing a home sold in that state: totally legal Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement...
Taxing a home sold in that state: totally legal

Taxing someone for simply moving and changing residency: fat lawsuit as is violates constitutional freedoms of movement under Article IV.

But thankfully, it looks like I’m free and clear after the DMV shit. I really didn’t want to get a lawyer involved to simply move.

But yeah, CA can keep their “utopia”. Personally, I’m looking forward to actually being able to be a homeowner 😃
Dirtydeeds wrote:
Read somewhere they are trying to pass an exit tax for up to 10 years after you’ve left. Absolutely insane.
The taxation of the proceeds from your home is OK because of capital gains - if the home has not been your primary residence for at least 2 years. CA was going to ADD more tax to that.

As far as the exit tax, they'd have to take me to court for that if I had already moved.
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12/22/2020 3:49pm
Cross state lines and come get me ? They gonna send out extradition teams to get you for leaving ?! Doubt it.
12/22/2020 4:55pm Edited Date/Time 12/23/2020 2:14pm
Falcon wrote:
The taxation of the proceeds from your home is OK because of capital gains - if the home has not been your primary residence for at...
The taxation of the proceeds from your home is OK because of capital gains - if the home has not been your primary residence for at least 2 years. CA was going to ADD more tax to that.

As far as the exit tax, they'd have to take me to court for that if I had already moved.
That's why out closing date on our house is one day past the two year mark.
APLMAN99
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Fantasy
12/22/2020 4:59pm
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need...
If you don’t register in California by the deadline and you don’t live there anymore ? What can they possibly do ?? Why would one need to notify them?
Falcon wrote:
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your...
Governor Newsom was actually trying to get the legislature to pass a law penalizing people who leave the state: an additional tax levy, or taxing your proceeds from the sale of a home if you move out of state. I don't know if it's still under consideration or not.


F this governor.
F this state.
I can’t imagine that any “exit tax” would pass constitutional challenges, and they definitely seem asinine at best to nearly all of us.

It is worth noting, though, that the proposed “exit tax” would have applied to those individuals or entities with a net worth in excess of $30M, at a rate of 0.4% of value (minus liabilities). Sounds like it’s more geared towards businesses moving their ‘headquarters’ out of state while retaining their property in California, effectively taking advantage of any benefits that they may get by being physically located there but not “contributing” because of accounting tactics that shift more of their overall expenses to their California properties/operations. Sort of like the accounting done in the entertainment business that ended up with Return of the Jedi showing as never actually making a profit despite costing less than $35M to make, and grossing $475M in receipts.....

Not exactly too much of a worry that most of us would have to pay, but regardless it’s just a terrible idea in the first place.
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Falcon
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12/23/2020 8:25am
^Well, at least there's some silver lining. I'd much prefer that Sacramento managed the money they do collect far better, rather than always trying to collect more.
DK23
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12/23/2020 8:51am
Falcon wrote:
^Well, at least there's some silver lining. I'd much prefer that Sacramento managed the money they do collect far better, rather than always trying to collect...
^Well, at least there's some silver lining. I'd much prefer that Sacramento managed the money they do collect far better, rather than always trying to collect more.
Lmao. Oh wait, were you serious?? 😉

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