residency & domicile across state lines

[lazygood4nothinbum]

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?

 

[lazygood4nothinbum]

found following florida statute

222.17 Manifesting and evidencing domicile in Florida.--

(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?

 

[73ss454]

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.

 

[bbbamI]

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?

 

[Texas Proud]

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...

 

[SteveR]

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.

 

[Westernskies]

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.

 

[lazygood4nothinbum]

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.

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.

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?

 

[MichaelB]

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

 

[bbbamI]

A little off topic, but IMO, volunteering is the perfect way to get a taste of an occupation you are considering.

 

[lazygood4nothinbum]

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?

 

[OAG]

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.

 

[MichaelB]

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.