CA Home Sale Exclusion for a non-resident at the time of sale
TP is single with 2 kids. She sold a home in CA ( 2016) while being domiciled in North Carolina. She qualified for Fed Home Sale Exclusion $250K but CA is after her for 540NR Form and for $25K prob for Cap Gain on the sale. Does she have to pay CA Tax for the home sale?
01/11/2013 Home Purchased in CA
04/01/2015 Put Home into Rental, TP moved to NC (lived in home 26 months)
04/30/2016 Took Back home to get ready to sell (did not live in home)
05/25/2016 Sold Home (owned home 40 months)
She qualified for the Fed Home Sale Exclusion $250K and had to pay tax on less than $10K extra Cap Gain in Fed.
There was no CA FTB withholding in HUD-1 shown, which I thought was odd.
(1) If she were to be a resident of CA, she would have qualified for CA Home Sale Exclusion other than over $250K gain due to CA conformity?
(2) Since she is a resident of NC, she does not have the privilege to enjoy the CA Conformity of Home Sale Exclusion, therefore, owe tax on the home sale?
(3) If taxable in CA, she would have to pay tax on the entire Cap Gain and not only the depreciation recapture?
Thank you. Could not find a situation during research on Non-resident + Home Sale Exclusion Conformity in CA.