Join Early Retirement Today
Reply
 
Thread Tools Search this Thread Display Modes
residency & domicile across state lines
Old 06-29-2008, 09:23 PM   #1
Thinks s/he gets paid by the post
lazygood4nothinbum's Avatar
 
Join Date: Feb 2006
Posts: 3,895
residency & domicile across state lines

if i were to take up residency for a job in another state for a year or so, (and maybe another state for another year or so after that, etc.) could i maintain my florida domicile and therefore my property as homestead here?
__________________

__________________
"off with their heads"~~dr. joseph-ignace guillotin

"life should begin with age and its privileges and accumulations, and end with youth and its capacity to splendidly enjoy such advantages."~~mark twain - letter to edward kimmitt 1901
lazygood4nothinbum is offline   Reply With Quote
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!

Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!

You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!

Old 06-29-2008, 09:53 PM   #2
Thinks s/he gets paid by the post
lazygood4nothinbum's Avatar
 
Join Date: Feb 2006
Posts: 3,895
found following florida statute

Quote:
222.17 Manifesting and evidencing domicile in Florida.--
Quote:

(2) Any person who shall have established a domicile in the State of Florida, but who shall maintain another place or places of abode in some other state or states, may manifest and evidence his or her domicile in this state by filing in the office of the clerk of the circuit court for the county in which he or she resides, a sworn statement that his or her place of abode in Florida constitutes his or her predominant and principal home, and that he or she intends to continue it permanently as such.
does that mean that even if i'm working full-time & living most of the year in another state that the other state won't be able to claim me to tax intangibles?
__________________

__________________
"off with their heads"~~dr. joseph-ignace guillotin

"life should begin with age and its privileges and accumulations, and end with youth and its capacity to splendidly enjoy such advantages."~~mark twain - letter to edward kimmitt 1901
lazygood4nothinbum is offline   Reply With Quote
Old 06-29-2008, 10:08 PM   #3
Thinks s/he gets paid by the post
73ss454's Avatar
 
Join Date: Oct 2004
Location: LaLa Land
Posts: 4,378
I always thought that you had to spend 6 months and 1 day for it to be your primary residence. I owned my house in Fla. for 4 years before I moved in and did not homestead because I didn't spend enough time there.
__________________
73ss454 is offline   Reply With Quote
Old 06-29-2008, 10:38 PM   #4
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
bbbamI's Avatar
 
Join Date: Dec 2006
Location: Dallas 'burb
Posts: 9,039
I wish I could answer your question. Even after reading the info you posted, I'm still confused about the regulations.

What I really wanted to comment was about you going back to work....is this true? Anything fun or interesting?
__________________
There's no need to complicate, our time is short..
bbbamI is offline   Reply With Quote
Old 06-29-2008, 10:56 PM   #5
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
 
Join Date: May 2005
Posts: 13,291
I worked in overseas for a year and maintained my residence in Texas...

I then went to New York, working in New York for a year and maintained my residence in Texas (I just filed my tax return with my Texas address)... paid taxes on my income to New York

And last... I worked in New Jersey, lived in New York and had my residence in Texas.... but, I did have to pay taxes in New Jersey and New York on my income... there is a credit for what was paid in NJ on the NY return...
__________________
Texas Proud is offline   Reply With Quote
Old 06-29-2008, 10:59 PM   #6
Thinks s/he gets paid by the post
SteveR's Avatar
 
Join Date: Jul 2005
Posts: 2,803
It depends on the state you receive your income from. Several states will take income taxes from you regardless of your place of residence if you receive a paycheck from a company resident in the state. Check the laws of the state where you employer resides in addition to where you reside. Sometimes they both will hit you for taxes and some states may not allow reciprocity.
__________________
Work? I don't have time to work....I'm retired.
SteveR is offline   Reply With Quote
Old 06-29-2008, 11:15 PM   #7
gone traveling
 
Join Date: May 2008
Posts: 3,864
I work for a company in WA, live half the year in AZ, half in WY. WY has no state income tax, AZ required that I live there more than 210 days/year to establish residency for tax purposes. Guess where I spend 165 days/year? State Income taxes haven't been a problem, but it was interesting trying to license a vehicle that I wanted to leave in AZ. Finally gave up and licensed it in WY.

I am sure every state has their own unique requirements. Better consult a tax professional or better yet the State Department of Revenue for a "get out of jail free card" to avoid getting hit with interest and penalties if some FL bureaucrat decides down the road that they are entitled to a piece of your absentee income.
__________________
Westernskies is offline   Reply With Quote
Old 06-29-2008, 11:54 PM   #8
Thinks s/he gets paid by the post
lazygood4nothinbum's Avatar
 
Join Date: Feb 2006
Posts: 3,895
Quote:
Originally Posted by bbbamI View Post
What I really wanted to comment was about you going back to work....is this true? Anything fun or interesting?
picked up on that, did ya? independence day marks year 2 since i quit (actually it was july 5th so as to not miss a paid holiday) yet i'm still not sure this is my cup of tea.

the more i think about sailing solo the less i think i might care for it at this time of life. meanwhile, real estate has me stuck so i can't even land travel in lieu on my budget until (if ever) i sell. i suppose i could close up the house or rent out a few rooms to more than cover costs and join the peace corp which i've considered since college.

or i can find my dream job. so i look through the classifieds with the same blank stare i've had my entire life wondering just what i want to be when i grow up. the only things striking my attention have to do with animals. but i don't want to be a dog walker or a vet's receptionist. so i look into it further and find a few lower-level zoo jobs scattered around the country for which i might be qualified. they don't pay much, some are volunteer, some are internships which likely go only to students, but others pay like $25-30k probably for shuffling manure. but when i think about feeding and taking care of an elephant or a giraffe, maybe bathing a baby rhino, wow, this huge smile washes that blank stare right off my face.

i might just be playing with the idea (what did i do all day?) but i think i would like that. you'd think playing with a baby rhino would be simpler than this. apparently not.

Quote:
Originally Posted by Texas Proud View Post
I worked in overseas for a year and maintained my residence in Texas...

I then went to New York, working in New York for a year and maintained my residence in Texas (I just filed my tax return with my Texas address)... paid taxes on my income to New York

And last... I worked in New Jersey, lived in New York and had my residence in Texas.... but, I did have to pay taxes in New Jersey and New York on my income... there is a credit for what was paid in NJ on the NY return...
interesting. i looked into the ne area a bit so understand that ny/nj/conn have reciprocation which makes sense considering the commuting done there. probably they weren't expecting to add texas to that mix. well done.

Quote:
Originally Posted by SteveR View Post
It depends on the state you receive your income from. Several states will take income taxes from you regardless of your place of residence if you receive a paycheck from a company resident in the state. Check the laws of the state where you employer resides in addition to where you reside. Sometimes they both will hit you for taxes and some states may not allow reciprocity.
i fully expect to pay income tax to the state from where i might work for income; and domiciled in florida, i'm not concerned about that income being twice taxed as we've no income tax here. but also we no longer have intangible taxes in florida and so i'm curious as to whether my domicile status here protects that income from being taxed by another state where i might reside.

in other words, if florida claims me as its citizen as i have been domiciled here for more than 30 years and homesteaded in this house for 14 years, would any other state where i might reside for any extended period of time also try to lay claim to taxation over me beyond sales & regular income taxes (&, of course, property tax should i buy there--which i likely would not)? can these other states start taxing dividends and cap gains which florida will not be taxing?
__________________
"off with their heads"~~dr. joseph-ignace guillotin

"life should begin with age and its privileges and accumulations, and end with youth and its capacity to splendidly enjoy such advantages."~~mark twain - letter to edward kimmitt 1901
lazygood4nothinbum is offline   Reply With Quote
Old 06-30-2008, 12:20 PM   #9
Moderator
MichaelB's Avatar
 
Join Date: Jan 2008
Location: Rocky Inlets
Posts: 24,492
Quote:
Originally Posted by lazygood4nothinbum View Post
i fully expect to pay income tax to the state from where i might work for income; and domiciled in florida, i'm not concerned about that income being twice taxed as we've no income tax here. but also we no longer have intangible taxes in florida and so i'm curious as to whether my domicile status here protects that income from being taxed by another state where i might reside.

in other words, if florida claims me as its citizen as i have been domiciled here for more than 30 years and homesteaded in this house for 14 years, would any other state where i might reside for any extended period of time also try to lay claim to taxation over me beyond sales & regular income taxes (&, of course, property tax should i buy there--which i likely would not)? can these other states start taxing dividends and cap gains which florida will not be taxing?
This can't be answered generically because each state has different tax laws & different residency requirements and there is no consistency between the differing state definitions.

If you purchase property elsewhere and inform your Florida county assessor they will demand a certification from the other tax authorities that you are receiving no homestead-like treatment.

Generally, most states will look at physical presence as the primary residency and tax consideration. If you spend a significant continuous time they will likely consider you a permanent resident regardless of your intentions, tax you accordingly, and and make it incumbent on you to disprove the liability.

Michael
__________________
MichaelB is offline   Reply With Quote
Old 06-30-2008, 12:45 PM   #10
Give me a museum and I'll fill it. (Picasso)
Give me a forum ...
bbbamI's Avatar
 
Join Date: Dec 2006
Location: Dallas 'burb
Posts: 9,039
A little off topic, but IMO, volunteering is the perfect way to get a taste of an occupation you are considering.
__________________
There's no need to complicate, our time is short..
bbbamI is offline   Reply With Quote
Old 06-30-2008, 01:13 PM   #11
Thinks s/he gets paid by the post
lazygood4nothinbum's Avatar
 
Join Date: Feb 2006
Posts: 3,895
thanx michael. i'm comfortable that florida would continue to consider me domiciled here and that my homestead would not be in jeopardy as i would not make claim to any homestead elsewhere and i would declare per florida statute my intention to permanently maintain domicile & homestead here even if temporarily residing elsewhere. according to florida law i can even rent out my entire house for one year at a time (but not two consecutively) or i can rent out part, not all, of my house continuously while retaining homestead.

but i think you are saying that such action would not necessarily negate obligation to another state which might consider me their citizen based upon my residency there? could they seek taxes from sources of mine other than property, sales & income originating in my state of residence which would not be my state of domicile?
__________________
"off with their heads"~~dr. joseph-ignace guillotin

"life should begin with age and its privileges and accumulations, and end with youth and its capacity to splendidly enjoy such advantages."~~mark twain - letter to edward kimmitt 1901
lazygood4nothinbum is offline   Reply With Quote
Old 06-30-2008, 01:42 PM   #12
Thinks s/he gets paid by the post
OAG's Avatar
 
Join Date: Jun 2006
Location: Central, Ohio, USA
Posts: 2,598
Quote:
Originally Posted by lazygood4nothinbum View Post
thanx michael. i'm comfortable that florida would continue to consider me domiciled here and that my homestead would not be in jeopardy as i would not make claim to any homestead elsewhere and i would declare per florida statute my intention to permanently maintain domicile & homestead here even if temporarily residing elsewhere. according to florida law i can even rent out my entire house for one year at a time (but not two consecutively) or i can rent out part, not all, of my house continuously while retaining homestead.

but i think you are saying that such action would not necessarily negate obligation to another state which might consider me their citizen based upon my residency there? could they seek taxes from sources of mine other than property, sales & income originating in my state of residence which would not be my state of domicile?
OHIO sure will expect State Taxes to be paid on ALL taxable income earned while residing there from whatever source (they do prorate for part year residents). I would suggest that you go to the the Department of Taxation Web Sites for the States you plan to be in and download the return instructions to see how they would consider you and just what they would expect taxes on.
__________________
Vietnam Veteran, CW4 USA, Retired 1979
OAG is offline   Reply With Quote
Old 06-30-2008, 02:57 PM   #13
Moderator
MichaelB's Avatar
 
Join Date: Jan 2008
Location: Rocky Inlets
Posts: 24,492
Quote:
Originally Posted by OAG View Post
I would suggest that you go to the the Department of Taxation Web Sites for the States you plan to be in and download the return instructions to see how they would consider you and just what they would expect taxes on.
I agree.
__________________

__________________
MichaelB is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
"Two lines in the signature" doesn't equal two lines. Nords Forum Admin 4 02-09-2008 06:20 PM
Cross state divorce glinka Life after FIRE 1 08-30-2007 03:54 PM
State Residency and Taxes??? Orchidflower FIRE and Money 35 08-08-2007 10:45 AM
State residency for Armed Forces personnels for in-state college tuition. Sam Other topics 9 07-30-2007 06:06 PM
Taking your will across state lines Olav23 FIRE and Money 4 04-18-2007 10:08 AM

 

 
All times are GMT -6. The time now is 07:22 AM.
 
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.