Choosing
Your State of Domicile
Presented by Jared Daniel by Wealth Guardian Group
What is it?
Your
domicile is the state where
you maintain your legal residence. Domicile is determined by intent, rather
than by the length of time you spend in a state. You may establish a state as
your domicile the first moment you occupy property there, provided your intent
is to return there if you go away. You have only one domicile, although you may
have more than one home.
Example(s): Fred, who lives in New Mexico, takes a new job in Arizona.
He establishes a temporary residence there until the end of the school year
when his wife and children will join him. Although he maintains homes in both
Arizona and New Mexico, he decides to keep New Mexico as his state of domicile
until his family relocates to join him, after which he'll call Arizona his
state of domicile.
Your
domicile is not formally registered anywhere, but if you want to change it, you
should be prepared to convince the authorities of any state which may be
negatively affected by your change of intent.
Example(s): Frank changes his state of domicile from Massachusetts, a
state with income taxes, to New Hampshire, a state without income taxes. He prepares
to convince the Massachusetts Department of Revenue, if called upon, that he's
made a legitimate change of domicile by renting a home in New Hampshire,
getting a driver's license and registering his car there, and also registering
to vote there.
Definitions
·
Domicile,
also called your "state of legal residence"--your true, fixed, and
permanent home. It is the place to which you intend to return if you're away.
Example(s): Jane relocates from Atlanta to Boston to attend graduate
school. She intends to return to Atlanta when her education is complete.
Georgia is her state of domicile. Even if Jane remains in Boston for many years
earning several advanced degrees, Georgia is her state of domicile for the
entire period as long as she intends to return there. Suppose, while living in Boston, Jane decides
she won't return to Atlanta but would like to make Vermont her state of
domicile. She would have to travel to Vermont and have the appropriate mental
intent while physically present there.
·
Residence--The
place where you actually live. This, by itself, has little or no legal
significance.
·
Statutory
residence--The place where you live and where you're required to pay state
income taxes. In some states, if you're physically present for a certain period
of time, you're liable for income taxes in that state.
Tip: If you're a statutory resident of one state and claim another
state as your domicile, your state of domicile may require you to file a tax
return there as well.
Why is your domicile important?
Your
domicile is important because it affects the following:
·
Your
liability for state income taxes
·
Your
eligibility for certain state benefits, such as in-state tuition rates at
public colleges and universities, disability benefits, and Medicaid benefits
·
The
jurisdiction where your will is probated
Determining your domicile
In general
You
must meet the following requirements to claim a state as your domicile:
·
You
must be physically present in the state, although you don't have to be present
for any particular length of time. In theory, only a few minutes would suffice.
In practice, however, if your residency status is ever challenged in court, you
might need to prove that you were in the state for several months
·
You
must intend to make that state your permanent home.
If
you're a naturalized citizen, your domicile is usually the state where you
became a citizen, unless you marry a citizen domiciled in another state.
Tip: There is one exception to the physical presence requirement.
If you marry a person domiciled in another state, you may be able to claim your
spouse's state of domicile as your own, even if you've never set foot there.
Proving intent
It
isn't necessary to do any of the following in order to claim a state as your
domicile. However, you might want to do some or all of them to prove that you
intend to make that state your domicile:
·
Own
property
·
Open
bank accounts
·
Register
to vote
·
Obtain
a driver's license
·
Establish
ties to the local community
Specific purposes
If
your state of domicile is important to you for specific reasons, such as state
income tax, the effect of state property laws, or state tuition rates, you may
want to consult an attorney. The specific facts regarding your domicile that you
will need to establish may vary depending upon the benefit that you are
seeking.
Changing your domicile
There
are only two requirements to change your domicile: (1) you must be
physically present in that state, and (2) you must intend to make it your
permanent home. In order to prove your intent, you may also want to take some
or all of the actions mentioned above. The most important point to remember
when claiming a state as your domicile is that you should be consistent.
Inconsistency is the single biggest mistake you can make regarding domicile.
Example(s): Melissa chooses Oregon as her state of domicile. She doesn't
keep her California driver's license or vote in New Mexico, where she has a
second home.
Domicile and community property
You
may own community property and income or separate property and income depending
on your state of domicile. If you and your spouse have different domiciles, you
must examine the laws of each domicile to determine if you own community property
and income or separate property and income. If you move in or out of a community
property state during the year, you may or may not have community property and
income. You must take into account the factors noted previously in determining
your domicile.
Tax considerations
Your income may be taxed in two states
Your
income may be taxed in your state of domicile or the state where you earned it,
or both.
You may need to file part-year returns
If
both your present and former states of domicile tax income and if you move on
any day other than the first of January, you'll have to file part-year returns
in both states.
Your choice of domicile can affect
state death taxes
At
your death, if your state of domicile is unclear and more than one choice is
available, your personal representative should take into account the affect of
domicile on state death taxes. State tax laws vary with different exemption
amounts, tax rates, etc. A wise choice of domicile may minimize your state
death tax liability.
Jared Daniel may be reached at www.WealthGuardianGroup.com or
our Facebook page.
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DISCLOSURESBroadridge Investor Communication Solutions, Inc. does not provide
investment, tax, or legal advice. The information presented here is not
specific to any individual's personal circumstances.To the extent that this
material concerns tax matters, it is not intended or written to be used, and
cannot be used, by a taxpayer for the purpose of avoiding penalties that may be
imposed by law. Each taxpayer should
seek independent advice from a tax professional based on his or her individual
circumstances.These materials are provided for general information and
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believed to be reliable—we cannot assure the accuracy or completeness of these
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materials may change at any time and without notice.