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Can a State Tax You After You Move? Inside the Wealth Tax Clash

Imagine packing up your small business, relocating across state lines, and later discovering your former state still expects a cut of your net worth. While it sounds extreme, a brewing legal battle over state tax authority is asking exactly whether a state can tax you after you leave.

At Adkin CPA, our goal is to give North Carolina business owners a clear picture of their tax position before year-end so there are no surprises. While our clients might not be California billionaires, this clash over the proposed 2026 Billionaire Tax Act highlights just how aggressive state residency tax laws are becoming.

What the 2026 Billionaire Tax Entails

Targeted for the November 2026 ballot, this California initiative would dramatically expand state revenue reach by:

  • Imposing a one-time 5% excise tax on worldwide assets
  • Targeting individuals or trusts with a net worth of $1 billion or more
  • Using January 1, 2026 residency status as the trigger date

The California Legislative Analyst’s Office (LAO) estimates this could generate “tens of billions of dollars” for healthcare and social programs. However, they also project significant long-term income tax losses if high-net-worth individuals permanently relocate to avoid the levy.

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The Keep Jobs in California Act

The possibility of post-departure taxation triggered immediate federal pushback. U.S. Representative Kevin Kiley introduced the Keep Jobs in California Act (H.B. 7619).

This federal legislation seeks to block states from slapping retroactive wealth taxes on former residents. While states retain full authority to tax current residents, this bill aims to protect the constitutional right to travel by stopping post-departure asset taxation in its tracks.

Why Residency Rules Matter to Every Business Owner

Retroactive wealth taxes face steep legal hurdles, including Due Process constraints and Commerce Clause limits. Competing California ballot measures may further complicate the landscape, with proposals seeking two-thirds voter thresholds for new taxes or clearer part-time residency rules.

For entrepreneurs, the lesson is clear: residency is determined by domicile, physical presence, and intent—not just where you receive your mail. If you are shifting business operations or moving states, you need a proactive tax planning strategy.

As a 2024 and 2025 Best of Chapel Hill winner with a flawless 5-star review rating, Adkin CPA builds long-lasting relationships by providing value-added advisory services. If you need the best legal tax position possible for your small business, schedule a consultation with Sweta Adkin and our team today.

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