I’m about to sign an offer that has a heavy emphasis on RSUs, I am thinking about putting my Texas residence as my primary residence instead of California to lower the potential tax on my RSU (my accountant told me once RSUs are awarded in CA it will always be tagged for CA tax regardless of where I actually work). Are there any negative consequences? I just want the option to move in the future and not be taxed at such a high rate.

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Posting as :
works at
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I mean the consequence is tax fraud if you don’t live there lol

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Where do you actually reside?

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D1, I can reside in either but I imagine I would spend most of my time in California in 2022 and moving to Austin in 2023.

If I use my California address my RSU would be taxed at CA rates even in 2023 but if I put Texas I would only pay CA tax in 2022. SC1, I would still pay CA taxes for the time I am in CA.

Not sure if this is common practice.

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SC1, my CPA told me it’s “majority” of time residence unless I can prove a relocation as a new resident. The way it was explained to me : if I own 2 properties in 2 different states, then it’s whichever state I physically spend more time at (50% + 1 day). If it’s 3 states or more, the same math applies. But to make it even more simple, it’s whichever state you have IDs and DLs (if you drive). Remember that most states also have a 30-90 day rule, where you have to change state residencies within that time frame of moving, which includes IDs and DLs plus vehicle registrations. There are rare circumstances like full time students or military orders where people don’t have to change state residencies if they plan on going back to home state at the end of their temporary stay.

Where do you live? Do you have an actual address in Texas where you live? If so, definitely start your employment (and RSU allotment) there. As others have said, though, if you really live in CA, you are opening yourself to tax fraud, which can be very ugly.

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Tax fraud comes with interest and penalties too. And the irs often takes several years to do an audit. Just be careful, I learned the hard way and paid interest back to 2017 this year (totally different scenario though).

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