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Old 05-12-2019, 07:40 PM   #1
ebds2019
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Clarification about Domicile

Hi folks. My wife are not planning on RV'ing full time. However, we might be RV'ing 1/3 to 1/2 of every month year round.

We still own our home in California (at least for now).

Is there any way to domicile in another state (like using Escapees) even though we still own a house in California.

Like many folks, we are hoping to avoid state income taxes. We may eventually move to Nevada but not yet. Just trying to see if there are legal ways to avoid state income taxes or reduce registration taxes prior to actually selling our California house and moving to another state.

Thanks,
Rob

P.S. This Thursday we finally take possession of our Montana 3810MS. It even has a 5500w Onan generator and a washer and dryer. We are soooo excited :-).
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Old 05-12-2019, 07:50 PM   #2
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sure you can. just be careful about this regarding any tax benefits you might have or lose. One's legal residence. you can't have more than one.


but you can have a mail service anywhere.
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Old 05-12-2019, 08:10 PM   #3
DQDick
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Your going to have to make a serious effort if you want to legally do that. If challenged they will look at where most of your business is done, ie. insurance, bank accounts etc. Insurance costs and other things will be affected and if your pension comes from a California company they still may get their share. All things to check on.
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Old 05-12-2019, 09:30 PM   #4
davemitchell59
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I agree with DQDick. They, CA, will look at all they can to prove you owe them taxes.

Owning a home in CA and living in it part time will make it almost impossible to claim SD, TX, FL, etc as your legal domicile. Google California Domicile court cases and see what you find.

We're considering FT for a few years. Current domicile is MS, but have a rental, single family, property in MN. I'm afraid selling our MS home wouldn't be enough to claim another, more favorable, state as our domicile, even though the MN property is investment/business property. And that should be easier than what you are proposing.

My boss just sold everything, changed banks, and got rid of other ties to MN to go FT. He heard too many horror stories about MN chasing down RVing tax evaders.
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Old 05-13-2019, 08:45 AM   #5
1retired06
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Lots of folks do. We are part of that group. Legal residence is South Dakota, we own property in a different state. BUT, consider our RV as our primary residence to include Florida Snowbirding in the winter. Just make sure you meet the tax/residency requirements of each state, and no conflict between them. As mentioned above, we have heard multiple horror stories from RV friends about trying to break ties with California. Good luck.
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Old 05-13-2019, 09:17 AM   #6
awheeler
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Your best bet is to talk to an attorney and Escapees has one that handles just this matter. There is no charge to just ask questions. While my DW has a law degree, there are specifics in this area of law that require tort law of each state to keep you out of hot water. Better to be safe than sorry. For those who THINK they are beating the system, they will get caught one day and it will be ugly.
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Old 05-13-2019, 09:22 AM   #7
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Originally Posted by davemitchell59 View Post
My boss just sold everything, changed banks, and got rid of other ties to MN to go FT. He heard too many horror stories about MN chasing down RVing tax evaders.

I once lived in SC and sold everything moved away and lived and owned property in Florida for 20 years. SC tried to collect income taxes because I still contributed money to my old church in SC. They will try to get you any way that they can. So do it legal and don't risk everything for a short cut!
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Old 05-13-2019, 11:26 AM   #8
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As stated above, you can always owned your CA home, it just would no longer be your primary residents if you chose to do that.
become a SD resident as primary with your CA home as a non residence. You can't claim both--unless you are evil:-)



That simple.
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Old 05-22-2019, 08:43 PM   #9
GreG L.
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We are residents of FL, have a house there and in CA. We spend no more than 5 months and 29 days in CA so there is no chance that they can say we reside there. Cars and bikes registered in both states with no issue. I know people that have no home in FL but reside there with a mail drop.
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Old 05-22-2019, 09:03 PM   #10
richfaa
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Our Domicile is in Ohio. We vote in Ohio, We pay Ohio State tax our vehicles are
registered in Ohio. We have a residence in Florida. We own Property in Florida. You can have a residence in as many States as you wish. You can have one Domicile.
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Old 05-22-2019, 10:38 PM   #11
ebds2019
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Well, I made it easy for ourselves (I think). We have just bought a house in Las Vegas that we are going to move to in mid July and make our primary residence. We decided to sell our house in California. It will go on sale in about two weeks. Can't wait. Property taxes on our house in CA are $8k/yr. In Las Vegas, on our 2000 sq. ft. house on .55 acres it will be $1200/yr. And no state income tax.

During the brutal summer months we will travel around the country as we are both now fully retired. And there is plenty of room in the front of the property to put up a large covered carport type structure and keep the 5th wheel at the house all the time when not travelling.

We're 15 minutes from the Vegas strip and 15 minutes from the airport but from the back yard all you hear are birds. It's a dream come true.

And Friday morning we finally pick up our 2018 3810MS. It was supposed to be a week ago but it had a broken shower glass section and it took an extra week to get the new piece fabricated.

So much great stuff happening all at one I can hardly contain myself :-).

So fun for a change to share great things instead of 'OMG now this is broken' :-)

Rob
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Old 05-23-2019, 08:36 AM   #12
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I would say be very, very careful. When we left California we sold everything and still had a problem. When we moved the titles for our truck and Montana to South Dakota, we put in a change of address with the DMV. The next year when the time for our registration came due, the DMV tried to charge us for the registration in a state we left. DMV then turned the so called delinquent registration over to the Franchise Tax Board for collection. The Franchise Tax Board then put a lien ($1565) on an account we still had at a local credit union. Now there was only about 75 dollar in the account (enough to keep it open) but they did attach it. I am sure if there were more in account they would have taken it. Credit union told us that we could get the $75 back if DMV would say THEY made a mistake. I had to laugh, getting DMV to admit a mistake is a joke.

Long story short we did get the Franchise Tax Board to remove the lien because we could prove we had moved the titles before the registration was due in California.

So be very, very careful, and the advise to talk to an attorney about YOUR situation is Very good advise.
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Old 05-23-2019, 10:21 AM   #13
waynemoore
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I am in the Tax business in CA and have been for over 25 years and I am here to tell you DON’t screw with CA. NY is another one as with most states they are in real need of money.

The first thing CA will do if you mess with them is file a tax lean that screws your credit for a very long time.

When I have a client move out of state I file a zero CA non resident tax return for the next two years.

My partners do the same.

Don’t ask me about CA going after people. I do love turbo tax.
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Old 05-23-2019, 11:51 AM   #14
waynemoore
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If you want a better clarification of domicile go to IRS.gov and select pub17. Look up Domicile. That is the Bible that all states use.
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Old 05-24-2019, 10:27 AM   #15
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Quote:
Originally Posted by ebds2019 View Post
Well, I made it easy for ourselves (I think). We have just bought a house in Las Vegas that we are going to move to in mid July and make our primary residence. We decided to sell our house in California. It will go on sale in about two weeks. Can't wait. Property taxes on our house in CA are $8k/yr. In Las Vegas, on our 2000 sq. ft. house on .55 acres it will be $1200/yr. And no state income tax.

During the brutal summer months we will travel around the country as we are both now fully retired. And there is plenty of room in the front of the property to put up a large covered carport type structure and keep the 5th wheel at the house all the time when not travelling.

We're 15 minutes from the Vegas strip and 15 minutes from the airport but from the back yard all you hear are birds. It's a dream come true.

And Friday morning we finally pick up our 2018 3810MS. It was supposed to be a week ago but it had a broken shower glass section and it took an extra week to get the new piece fabricated.

So much great stuff happening all at one I can hardly contain myself :-).

So fun for a change to share great things instead of 'OMG now this is broken' :-)

Rob
You are my hero! Making it out of CA alive is awesome. Enjoy the new stage in your lives and go wear out that new trailer!
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Old 05-24-2019, 04:08 PM   #16
richfaa
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Most states have the "6 months rule" on Domicile that if you live in a State for 6 months that is your domicile except for Florida as long as you stay there and spend money don't think they care how long you are there. We now rotate between Ohio and Florida but make it a point to stay less than 6 months in Florida.
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Old 05-26-2019, 04:46 PM   #17
Mynabird
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SD legal resident

Currently...SD residents out of Americas Mailbox in Box Elder since 2010. (Have filed/paid taxes every year)

Have had drivers license and plates for rig and 2 vehicles since 7-2010.

Have owned 2 houses....since 200???? (Currently in process of selling both to kids)

Hubby had disability retirement from Plumbers union in Modesto, Ca since 1998. Pension... taxed? Unsure of “that tax”. (You can ask him ...if you have a line to heaven...lol. Ask for HoboBob)

Oh...and since we have kids in Lodi/Stockton area we kept...our banks and doctors. (Figured we
would change when need arises. It never came.)

No State tax in South Dakota.

Hopefully...prayers... I have not jinxed myself now! Hope this helps.
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Old 05-26-2019, 09:17 PM   #18
Cap'n Billy
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Home is where the Driver's License (and voter registration) is...

IRS website has very straightforward guidelines for establishing domicile. Property typically is not a necessary or even incidental factor.
Driver's License, Voter Registration, Mailing address, and Vehicle Registration in the same state are generally what is required. After that get resident fishing/hunting license in the state and, if appropriate, concealed carry permit.
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Old 05-26-2019, 10:11 PM   #19
CaptnJohn
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From what I hear CA is toughest to leave and NY almost as tough. My CPA said the biggest reason is for every tax paying citizen they lose they gain 2 or more tax burden non-citizens.
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Old 05-26-2019, 10:59 PM   #20
Beau2010
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Your domicile is where ever you intend to make it. You pay taxes there, vote there and get your driver’s and vehicle licenses there. Owning property doesn’t control ; still pay the property tax where it is but that is not your domicile. If you have a state or local pension or income source, it may be taxed there but depends on the state. In some states, your pension may not be fully taxed if you live in the state where earned. You don’t get that break if you live elsewhere. If you are paying taxes on that income in your domicile state and another state is also trying to collect, see your atty ASAP; that is illegal.
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