Question of domicile?

[Phil and Micky]

I agree with Jack, it is not an issue unless you are stopped or someone reports you.

 

However, speaking from a LEO perspective, if I were the one who stopped you; you would definitely be getting a citation and be sent to the DMV to register your RV in WA to correct that citation (and pay whatever taxes and fees would be due). You have done nothing to break your residency from WA by simply registering the RV in SD. Just because you eventually intend to break your residency (or domicile) from WA does not prevent you from having to pay WA sales tax in the scenario you describe. You are still licensed to drive in WA, you are still registered to vote in WA (an assumption on my part) and you are still living in WA (even though you are not living in your current home that has been, or will be by the time of the RV purchase, rented out). As soon as you bring that RV into WA, the law will require you to register it there under this scenario within a certain number of codified days (I do not have the WA statute to quote for this).

 

If you completely cut your ties to WA by getting licensed to drive, registered to vote, change health insurance, change bank accounts, etc. to another state and then bring the RV into WA you will not have to register and pay the taxes and fees to WA. Outside of this, legally you will have to give WA their money.

 

Again, this is assuming that you get stopped in the RV or someone reports you to bring you to the attention of WA officials. It is your choice to take this risk, but it is a risk and potentially a very expensive and possibly criminal risk that I personally would not take.

Chad,

Thanks for the input and the reply. It looks like the ony thing left that will tie me to WA then is my driver's license. Seems odd that once I begin taking steps to sever my ties to WA, no longer work here, rent out my house, license my vehicles in another state, etc. that this one thing should be able to determine my state of domicile. Perhaps the lawyer will have some answers for me.

Phil

[bigjim]

Remember they are looking for any legitimate reason to get the funds they believe you owe. You might dispute it and win but it could cost so much to win that you still lose. When I was young and dumb vs now when I am old and dumb, I was in a few fights that by defintion I won but the beating was bad enough that I didn't feel much like I won. Eventually I wised up and decided to do my best to avoid a fight. See I can learn. I think there was a country song called "I'm a Winner" that address the winning the fight.

 

BTW that was a good and interesting narrative and view point from Chad I just have to say. Wish I was that silver tongued I might could get a date.

[Phil and Micky]

Hello all,

 

I just got of the telephone with one of the Escapees attorneys. We talked for just over an hour. I took a lot of notes and I asked a lot of questions. He is very knowledgeable in the area of domicile and such. Anyway, it’s way too much to post here so I won’t even try.

 

 

The bottom line is that he laid out a plan for me to accomplish everything I want to do and stay within the framework of the law. He will call me in a couple of days to follow up on one issue but I think I can breathe a little easier knowing that there shouldn’t be any issues.

 

 

Thanks again to everyone for participating in this conversation. I hope that it will prove useful to others who have questions regarding domicile.

 

 

Best wishes to you all,

 

Phil

 

[Hollardawg]

In a nutshell, the answer to this problem is simple. Be consistent.

 

If you declare SD, TX, Fla or any other state as your domicile, get that state's drivers license, register to vote and register ALL of your vehicles in that state. The operative word, to those who would challenge your domicile, is intent. When you spread your registrations, licenses, etc, over more than one state, then your intent can, and will be, called into question.

[freestoneangler]

So my understanding of this topic is that everyone must have a declared state of residence...regardless of how long you are in any one location/state. For those with only a RV as a home, there seems to be a handful of states which offer advantages as the declared domicile.

 

Concerning the question as to why this important and how it would come up -- it is absolutely all about money and nothing else. You earned it, they (the states) want it, and most of us find ways to minimize the amount we have to give.

 

We decided not having a permanent home is not for us. Our next home will be in Montana... where there are more trout than people and the growth meter barely moves .

[Barbaraok]

Also about voting, wills, health insurance, estate planning, etc., which are all governed by state laws and regulations.

 

Barb

[dennis&stella]

Here is our situation.

 

Sold our home in FL 3 years ago and went full time established a SD domicile.

 

Due to a health condition that will take 12 - 18 months to resolve, we moved to

OK for treatment and purchased a house. We intend to travel again when the

health issue is resolved but will probably keep the house and will stay in the house

6 months a year, several months at a time when our travelks resume.

 

Can we keep our SD domicile?

 

We will have no Oklahoma based income and are recieving SSA and retirement

from the state of FL. We maintain bank accounts in FL and OK and will not file

for homestead exemption on the house.

 

Your opinions are appreciated.

[2gypsies]

Since you have bought a house in OK and plan to be there 12-18 months you are an OK resident and need to make some legal changes from SD. If you live in Oklahoma one full year you are considered a resident and must file taxes in OK. You need to have vehicles registered in OK after 30 days or a penalty.

[Kirk W]

Can we keep our SD domicile?

Sitting in OK for 12-18 months means that you will be living under the laws of OK for all of that time, whether or not you choose to acknowledge it with the government there. To answer your question you need to talk to the OK department of motor vehicles to see what they say about registering your vehicles. The same is true for your driver's license. It is difficult to predict if the OK officials will take notice or if they will do anything to enforce their laws. I have studied the laws of quite a few states, but OK isn't one of them so I can't say with certainty just what they are, but I'd be quite surprised if the do not require people who liver there for as long as you plan to mover their vehicle registration there.

 

My question is, do you want to do this legally? If so just ask the OK-DMV.