California residency safe harbor

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Hi, I am working with a taxpayer who is on assignment overseas and am trying to verify if he qualifies as a non-resident of California under the safe harbor rules. My issue is that while he has been out of the state for 546 consecutive days, he was under 2 12 mos contracts. The law does not appear to address this issue and I have not been able to find anything that does.

He maintains an apartment in California but that seems irrelevant under the safe harbor rules.

Any opinions are appreciated.
 

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