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Great Writeup about Domicile & Mailing Address Info


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I know this topic comes up frequently and is well discussed, but it is always good to have more info or discussion available.  This one has some great discussion & opinion about banks and physical address requirements.

Here is the link to a recent RV-Dreams Journal entry detailing info about Domicile and mailing address.

Al & Sharon
2006 Winnebago Journey 36G 
2020 Chevy Colorado Toad
San Antonio, TX

http://downtheroadaroundthebend.blogspot.com/

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It's a very good link and very timely.  There seem to be many details and not all details are covered in every article.

Here are two articles that should help supplement the total body of knowledge:
Investopdia: Tax issues if you relocate
and
Investopedia: Domicle

And none of the articles include Healthcare Directive information across states and/or countries.  Lots to learn.

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~Rich

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We found that it was very helpful t read a book or two on the subject of fulltimeing, and there are numerous excellent ones in print today. I suggest that before you spend too much time in research, choose one or two either from your local library or on Amazon if you wish to buy one

Good travelin !...............Kirk

Full-time 11+ years...... Now seasonal travelers.
Kirk & Pam's Great RV Adventure

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We have a mail forwarding service but no permanent address since we full time. We choose Oregon as our domicile state.You do have state tax but car license fees are cheap. On out drivers license it has our mailing address and also it says.."continuous traveler" which means we have no permanent address. Was very easy to do but do not if any other states offer this option.

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There is a good article in the Escapees magazine, March/April 2017, entitled "Simplifying The Complex Issue of Domicile Law".  Although many like to pretend that it is just a simple matter of changing registrations, banks, insurance and driver's licenses, it isn't always that simple.  They speak of a couple of specific cases that went to court and how they differed.  It might be worth a read to some.  I attempted to google for the specific case, didn't find it but did find others where domicile was challenged by the state that felt they were being cheated out of revenue, and the state tended to be winning  more often than not when they did challenge.  I was looking at the State of Minnesota and found several cases dealing with domicile.  They speak to "honesty is the best policy" and that "ignorance is not always bliss".  

 

I would expect that the more value one has when it comes to taxes, the more likely they might run into trouble.  I have seen in forums where people want to really stretch it to where they have the best from 2 or 3 states, yeah, good luck with that.  This article is quite interesting:  http://www.lanepowell.com/wp-content/uploads/2012/05/PTXL1205_Gadon1.pdf  

Cathy

 

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21 hours ago, SnowGypsy said:

There is a good article in the Escapees magazine, March/April 2017, entitled "Simplifying The Complex Issue of Domicile Law".  Although many like to pretend that it is just a simple matter of changing registrations, banks, insurance and driver's licenses, it isn't always that simple.  They speak of a couple of specific cases that went to court and how they differed.  It might be worth a read to some.  I attempted to google for the specific case, didn't find it but did find others where domicile was challenged by the state that felt they were being cheated out of revenue, and the state tended to be winning  more often than not when they did challenge.  I was looking at the State of Minnesota and found several cases dealing with domicile.  They speak to "honesty is the best policy" and that "ignorance is not always bliss".  

 

I would expect that the more value one has when it comes to taxes, the more likely they might run into trouble.  I have seen in forums where people want to really stretch it to where they have the best from 2 or 3 states, yeah, good luck with that.  This article is quite interesting:  http://www.lanepowell.com/wp-content/uploads/2012/05/PTXL1205_Gadon1.pdf  

It seems like sometimes changing your domicile is being made more complicated than it needs to be for most people.  The gist of most of the advice and articles I have seen is to "sever the ties to the old state and establish as many of your ties to the new state as you can".

Quoting from the article above:

Quote

Generally, no one factor is
determinative. Rather, the courts generally look to
the totality of circumstances in determining whether a person is domiciled in the state:
• Physical presence (amount of time spent in the
state);
• Residence (whether taxpayer owns or rents a
residence in the state);
• Employment;
• Business connections and relationships;
• Family location;
• Real property;
• Bank accounts;
• Voter registration and voting;
• Public library card;
• Social clubs;
• Motor vehicle registration and driver’s license;
and
• Professional services (lawyers, doctors, dentists,
etc.).

 

It would seem to me that if one would simply transfer all or the majority of the above listed "circumstances in determining a persons domicile" to your new state you wouldn't have a problem. 

While most people will simply change vehicle registration & drivers license, voting and mail delivery, doing some or many of the following key issues especially come to mind.  Continuing to do the following in the state you are leaving will cause the state to question your intent:

--  Spend a large amount of time (months each year)

--  Professional services (returning for Dr visits, legal work, etc)

--  Employment (if self employed, getting legal advice on how to sever your business ties)

--  Real property (especially a home you occupied for many, many years and are now renting but may appear to be a place you appear to want to return to)

In other words, you are leaving a trail of things which indicate you have not severed your ties to that state. 

Seems petty simple to me.  To change domicile, sever your ties to the old state. 

 

Al & Sharon
2006 Winnebago Journey 36G 
2020 Chevy Colorado Toad
San Antonio, TX

http://downtheroadaroundthebend.blogspot.com/

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5 minutes ago, Rich&Sylvia said:

The more complex one's financial holdings, the more dangers.  

Sometimes it might be better to simply maintain one's home residence rather than uproot an entire life of work and investments.

 

 

Absolutely!  That is a decision each individual has to make. 

However so many people want to make this seem so complicated.  On the other hand as long as you can, and will, sever your ties with the old state and establish concrete ties with the new state, you should be good to go.  That would be the case with many or most people. 

Al & Sharon
2006 Winnebago Journey 36G 
2020 Chevy Colorado Toad
San Antonio, TX

http://downtheroadaroundthebend.blogspot.com/

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I always wonder how many folks really do have domicile issues but just doing the basics of registration, licensing, voter registration and mailing address.  I've never heard of one instance while being around full-timers constantly.  For instance, very few that we know spend a lot of time - if any, in their domicile state and very few have their doctors in their domicile state.

Full-timed for 16 Years
Traveled 8 yr in a 2004 Newmar Dutch Star 40' Motorhome
and 8 yr in a 33' Travel Supreme 5th Wheel

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We went out of our way to learn the laws, and follow them. We also kept a detailed journal for the first three years too. 

>We changed our Domicile to SD. Including:

 -DL's

 -Voters registration

 -Registered two of our three vehicles

 -Opened a Black Hills Credit Union accoint

 -Joined the Rapid City Elk's Lodge

 -Use our Box Elder address for all legal addresses

>We left California while doing this, but also retained:

 -A rental property

 -A vacation home (Had been our California Residence until then.)

 -A truck we leave in California, remains registered in California.

>We yearly:

 -Are out of the State of California for our 6 months of the year

 -File a California 540NR State Income tax on our Rental Properties income

 -Pay Property Taxes on the properties

 -Retained California insurance on the properties

 -Donate to the Rapid City Elk's, the Rapid City Boy Scouts of America

 -And again, the first three years we kept detail journals with receipts of our travels

>What about the future? 

 -We believe once our family obligations (MIL and Low Functioning Down Syndrome BIL are two that we keep a close eye on as we circle back to California to check on them. MIL is living in our Vacation Home full time.) are behind us (And sure not rushing this:)!), we plan to sell our remaining California properties. (Have retained the rental home, as our Daughter and Daughter In Law are living in a unit behind it. As they get caught up on some bills, and stake their own turf when they buy a their first home.) Thus the rationale for keeping both properties.

 -We keep a list of potential future Exit Strategy locations as we travel. Suspect we'll end up with a Escapees COOP in either Arizona and possibly Washington, and then buy a home or condo in where we choose for our long term coming off the road. Like the Sioux Falls, Black Hills too - and then when the weather get's not to our liking, either Arizona or Washington State, or both. (That is one key thing we picked up from the helming we received form this Forum - having and being prepared for an Exit Strategy. Not just finally, but also emotionally and having some 'clue' as to where.)

-------

Yes the complexity of Domicile can vary among us all. As long as you do your research, and the links included are great resources, and follow the law - no reason to be afraid of changing your Domicile...

Best to all,

Smitty

Be safe, have fun,

Smitty

04 CC Allure "RooII" - Our "E" ride for life!

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