I was originally a Cali resident. Moved to FL, lived there for 7 months and switched my state of residency to FL with a permanent home of record address in San Diego. Pretty much i have a FL drivers license with a SD address. Now i'm stationed in SD. I live in SD and my permanet home of record is in SD but I want to keep my FL residency for tax purposes. Can i do this? Just don't want the IRS knocking on my door thats all.
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Residency/Tax Question FL/CA
- Thread starter themongol
- Start date
yes
^^ BAD GOUGE alert
No. Residency is based off intent to return to the state when you leave the military. Say you claim the address of the apartment you lived in in API for 6 weeks for the next 20 years of your career, then retire to Virginia. CA can legally claim 20 years of back taxes due to fraud or whatever the official legal term is. You need to be able to make a legal case that you do intend to return to FL after your time in active duty is over. You do this by having family there, owning property, having gone to college there, or other ties.
I'm not a lawyer, but that's how it was explained to me by a JAG attorney awhile back. Example: I hate the People's Republic of New York and never will move there as long as they have such stupid blue-state laws as they do. But thanks to my parents, that's where my residency was when I was commissioned. However, I went to school in PA, my family roots are from PA, and my folks own property there. So I switched my residency to PA because that is where I want to be when I'm an old man, and I have a good legal case.
No. Residency is based off intent to return to the state when you leave the military. Say you claim the address of the apartment you lived in in API for 6 weeks for the next 20 years of your career, then retire to Virginia. CA can legally claim 20 years of back taxes due to fraud or whatever the official legal term is. You need to be able to make a legal case that you do intend to return to FL after your time in active duty is over. You do this by having family there, owning property, having gone to college there, or other ties.
I'm not a lawyer, but that's how it was explained to me by a JAG attorney awhile back. Example: I hate the People's Republic of New York and never will move there as long as they have such stupid blue-state laws as they do. But thanks to my parents, that's where my residency was when I was commissioned. However, I went to school in PA, my family roots are from PA, and my folks own property there. So I switched my residency to PA because that is where I want to be when I'm an old man, and I have a good legal case.
MasterBates
Well-Known Member
Born in FL. Grew up in MA. Have no desire to return to MA. Will probably retire OCONUS.
FL resident.
FL resident.
And another one of the ways you can demonstrate a tie to FL is by keeping a FL driver's license. So, depending what what else the OP is doing he is on his way to "proving" his intent to return to FL.
@OP: HOR of never changes, unless you separate for greater than 24 hours. So in this case, your HOR has little bearing on your situation. However, Nittany is correct, you need to maintain some ties to FL. Keeping your FL driver's license and registering to vote in FL are two things that come to mind.
This is the approach I'm taking as well. I'm in SD for the FRS but I maintain my FL driver's license and am registered to vote there. I never pondered the long term legality of it, though. I at least know I'll head back to FL for tours in the future (my sea tour, maybe whiting down the road), but long term I think I'll end up moving back to the Democractic People's Republic of Illinois.
I have a similar situation. From SD, home of record SD, intend to return to SD, residency in Texas. I maintained this even while stationed in SD. Legit, depending on the laws of your state of residence. The only negative, as I see it, is if you want to go back to school in CA, you won't get in state tuition.
QuagmireMcGuire
Kinder and Gentler
To piggy back off of nittany's comments as he is most in tune with what I know and understand, as a military brat, I was born in California, reared on several military bases in the midwest while my parents' state of legal residence were in TN and IL. After my parents split, I moved to one of those states and I never intended to remain there because I always planned on going to college out of state and living somewhere else. I ended up going to college in that state but always maintained that I would never permanately settle there; so, in essence, I never established legal residency in that state even though I lived there for 10 years.
So, what was my state of legal residency while I was in college? California because I was born there. Now I have moved to WA and have publicly asserted that I have no intention of remaining here; I have maintained all of the same banking accounts that I had in college and I have been registered as a voter there so where is my place of legal residency? Hint, it isn't WA.
But the law that applies to the OP doesn't apply to you since you are not AD military.To piggy back off of nittany's comments as he is most in tune with what I know and understand, as a military brat, I was born in California, reared on several military bases in the midwest while my parents' state of residence were in TN and IL. After my parents split, I moved to one of those states and I never intended to remain there because I always planned on going to college out of state and living somewhere else. I ended up going to college in that state but always maintained that I would never permanately settle there; so, in essence, I never established residency in that state even though I lived there for 10 years.
So, what was my state of residency while I was in college? California because I was born there. Now I have moved to WA and have publicly asserted that I have no intention of remaining here; I have maintained all of the same banking accounts that I had in college and I have been registered as a voter there so where is my place of residency? Hint, it isn't WA.
QuagmireMcGuire
Kinder and Gentler
I am not sure that I implied that the law that applies to me also applies to him, even across the special circumstances which may exist for people in the military, there are differences between each jurisdiction; I only touched upon my personal experience of the conflict between domicile versus residency which is at heart of his question. Although civil procedure wasn't my strongest area and I can't assert any form of expertise on the issue, I do remember that one can establish legal residency in one state while maintaining domicile in another and as nittany stated, it has to do with one's intent.
I'm doing the same thing, only I'm originally from the DPR of Maryland. The only thing I'm wondering is for taxes for this year alone. Doing my commissioning paperwork I put down my state of legal residency as Florida because, at the time, I thought I was moving down in a couple weeks. Our admin person said it was OK to do that since I have an intent to declare residency when I move down, but since then I got a Pcola report date of 29AUG. Obviously since I'm not in Florida yet I haven't officially changed my Maryland residency, but I'm thinking the military is counting me as a Florida resident for tax purposes already. Am I going to get screwed/in trouble at some point because I'm still a Maryland resident?
I am going to switch my driver's license and car and voter registration over when I get down, but after I get out of the Navy I don't think I'll go back to Florida. I'll likely go back to MD or maybe TN since I loved being in Nashville for school.
Actually, you can get in-state tuition at a UC if you can prove that you went to high school in CA. It's under most registrar's homepages. I've looked this up since I am born and raised in CA but now claim FL and intend on going back to school in the future
flopper
Member
Basic ways to maintain residency 1) registered to vote in that state, 2) titling and registering vehicle(s) in that state, 3) purchasing residential property in that state, 4) notifying the state of your previous legal residence/domicile of the change or residency, and 5) preparing a new last will and testament that indicates your new state of residence.
Driver's license and alumni have nothing to do with your home of record, I'd maintain at least one of the above if you plan to claim residency in whatever state that may be.
Driver's license and alumni have nothing to do with your home of record, I'd maintain at least one of the above if you plan to claim residency in whatever state that may be.
Wrong......
HOR has nothing to do with any of this....
And if you closely read the form/instruction that you were cutting & pasting from it says "....may be indicated by certain actions such as:..."