Can I use a California minimum tax credit after I move?

September 30, 2011

Date: 24 Sept 2008
From: Karen

Dear Mr. Gray,

Let’s say you exercise an incentive stock option received as an employee in California, and pay a California AMT for exercising the option.

If you move out of California to another state, and then sell the stock after meeting the holding period requirements, is there any way to use the California minimum tax credit?


Date: 7 Oct 2008

Hello Karen,

I don’t think so. Since you are no longer a resident of California, the capital gain won’t be taxable in California and you will have no regular California tax to apply the credit to. I don’t think you will be able to claim a state tax credit for the California tax against the income tax for your (new) state of residence, because the California AMT is different a type of income tax paid for a different taxable year.

Good luck!

Mike Gray

For more information about incentive stock options, request our free report, Incentive Stock Options – Executive Tax and Financial Planning Strategies.

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