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The Wealth Tax Showdown: Can California Still Tax You After You Move?

Imagine packing up your life, moving across the country, and finding out your former home state still wants a piece of your wealth. That scenario is currently sparking a massive legal battle over California’s proposed 2026 Billionaire Tax Act. The ballot initiative seeks to hit billionaires with a one-time 5% tax on their worldwide net worth, using January 1, 2026, as the residency benchmark.

At Sandra Stearns CPA, we help clients across the U.S. navigate complex tax planning scenarios. With over 38 years of experience in tax and accounting, we know that state tax residency rules are incredibly strict. But trying to tax individuals after they move is pushing the boundaries.

What the 2026 Wealth Tax Proposes

If this measure lands on the November 2026 ballot and passes, it would:

  • Levy a one-time 5% excise tax

  • Target taxpayers or trusts with a net worth of $1 billion or more

  • Base applicability on January 1, 2026 residency status

  • Tax worldwide assets

Supporters claim it will fund healthcare and social programs. However, the California Legislative Analyst’s Office (LAO) warned this move could cause a permanent dip in state income tax revenue—potentially hundreds of millions annually—if affected taxpayers simply pack up and leave.

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Federal Pushback: The Keep Jobs in California Act

Congress is stepping in. Representative Kevin Kiley introduced the Keep Jobs in California Act (H.B. 7619) to block states from taxing a nonresident’s assets retroactively once they relocate. Kiley called the wealth tax an “unprecedented attempt” to tax people who have already moved away. While states can still tax current residents, this bill draws a hard line at post-departure asset taxation.

Constitutional Hurdles and Migration Risks

Attempting to tax former residents opens up severe constitutional questions. Legal experts immediately point to Due Process violations, Commerce Clause limitations, and the fundamental right to travel. California already heavily relies on complex domicile tests to establish residency. Pushing those rules further will inevitably spark immediate legal challenges.

Competing ballot measures could also derail the wealth tax, including proposals to require a two-thirds voter threshold for new one-time taxes or to protect retirement assets from new levies.

Protect Your Assets with Proactive Planning

Residency is much more than where you receive your mail. It dictates how your wealth is treated. Whether you are in our home base of Orlando, Florida, or navigating a cross-country move from a high-tax state, proper planning is essential. Contact Sandra Stearns CPA today to schedule a consultation and let us help you optimize your long-term financial goals.

Schedule a Free Consultation
Let's set you up for financial success!
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