Articles Posted in tax controversy

California Source Income After You Move
Kugelman Law

California source income is income the state can tax because of where it was earned, not because of where you live. That is why leaving California does not always end your California tax bill. Even as a nonresident, you can owe California tax on equity compensation you earned while working in the state, on certain…

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QSBS Eligibility: Does Your Stock Qualify Under Section 1202?
Kugelman Law

QSBS eligibility is where the Qualified Small Business Stock benefit is won or lost. The exclusion under Section 1202 can erase federal tax on a large share of your gain, but only if the stock clears every requirement, both when it was issued and across your holding period. Many taxpayers assume they qualify because a…

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Letter 6174 vs. 6174-A vs. 6173: Do You Have to Respond?
Kugelman Law

Quick answer: If you are asking do I have to respond to IRS Letter 6174, the short answer is no. Letters 6174 and 6174-A are “soft” educational letters that do not require a response. Letter 6173 is different: it generally requires a written response within about 30 days, and ignoring it can trigger an examination.…

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FBAR vs. Form 8938: Do You Have to File Both?
Kugelman Law

The short answer to the FBAR vs. Form 8938 question is that they are two separate filings with different rules, and many taxpayers have to file both. The FBAR (FinCEN Form 114) goes to the Treasury Department and reports foreign financial accounts once they top $10,000 in total. Form 8938 is a FATCA form filed…

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Moving Out of California Taxes: How to Avoid an FTB Audit
Kugelman Law

When it comes to moving out of California, taxes are the part most people underestimate. Leaving the state does not automatically end your California tax exposure, and high earners who relocate are exactly the people the Franchise Tax Board (FTB) tends to examine. A clean departure is one you can prove: a genuine change of…

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FBAR Filing Requirements: Who Has to Report Foreign Bank Accounts
Kugelman Law

The core FBAR filing requirement is straightforward: a U.S. person who has a financial interest in, or signature authority over, foreign financial accounts must file an FBAR if the combined value of those accounts tops $10,000 at any point during the calendar year. The FBAR is FinCEN Form 114, and it is filed electronically, separately…

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QSBS for Crypto Startups: Can Founders Qualify Under Section 1202?
Kugelman Law

QSBS for crypto startups is one of the most valuable, and most misunderstood, tax questions in the industry. The Qualified Small Business Stock exclusion under Section 1202 can wipe out federal tax on a large share of the gain when qualifying stock is sold. Crypto founders and early investors naturally want in. The catch is…

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How to Fight a California Residency Audit
Kugelman Law

To fight a California residency audit, you have to do more than say you moved. The Franchise Tax Board (FTB) starts from the assumption that you never really left, and it will test that assumption against your bank records, travel history, and daily location data. Winning means responding carefully, documenting where your life actually centers,…

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California Billionaire Tax: What Proposition 40 Means for You
Kugelman Law

The California billionaire tax, Proposition 40 on the November 3, 2026 ballot, proposes a one-time 5% tax on the net worth of state residents worth $1 billion or more. As written, it would reach only a few hundred people. Its real significance for the broader high-net-worth community is what it signals: California is sharpening its…

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California QSBS: Why the State Won’t Match the Federal Tax Break
Kugelman Law

If you are a California founder or investor counting on the Qualified Small Business Stock exclusion, there is a trap you need to understand before you sell. The California QSBS rules do not follow the federal ones. You can qualify for a 100% federal exclusion under Section 1202, exclude every dollar of gain on your…

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