Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Your customer is not your customer – California Office of Tax Appeals (OTA) finds that a nonresident did not have California sourced income

By Chris Lee & Open Weaver Banks on January 9, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

The California Office of Tax Appeals held that pursuant to market-based sourcing rules, a nonresident individual did not derive California sourced income and was not required to file a California return or pay personal income tax. The taxpayer resided in Texas and worked as an independent contractor for Christopher Konrad Consulting, LLC (Konrad), a company with its principal place of business in California. Pursuant to an agreement with Konrad, the taxpayer agreed to design the user experience of products and services for Konrad’s customer, BMC. The taxpayer performed his work solely in Texas and received a 1099-MISC from Konrad. The FTB argued that based on its market-based sales factor sourcing provisions, Konrad received the benefit of the taxpayer’s services in California, and thus, the taxpayer was subject to tax in California. The OTA found that while the billing address of the taxpayer’s direct customer, Konrad, was in California, the location where Konrad’s customer, BMC, received the benefit of taxpayer’s services was in Vancouver, Canada. Thus, the taxpayer did not derive California sourced income and was not required to file a nonresident return or pay California personal income tax.

In the Matter of the Appeal of Christopher J. Wood, OTA Case No. 18042717, (July 8, 2019)

Photo of Chris Lee Chris Lee
Read more about Chris LeeEmail
Photo of Open Weaver Banks Open Weaver Banks
Read more about Open Weaver BanksEmail
  • Posted in:
    Tax
  • Blog:
    SALT Shaker
  • Organization:
    Eversheds Sutherland LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo