How Often Return to TX to Keep Residency

[thegoodwins297]

I sent this question to Escapees, too, but eager to know.

 

We have been fulltime since 2012. We are from PA but established TX residency via Escapees. We went fulltime due to hubby's job requiring us to travel so much. We sold our house in July 2014.

 

Last spring the company we worked for closed. We are back in PA because it is cheaper to live in my in-law's driveway than to pay RV park fees. There are other circumstances that also require us to stay here, too. Hubby got a job that he is very happy with and may have the potential to transfer to TX in a couple of years, if we want to.

 

How often do we need to return to TX to keep residency...."showing intent to return to TX?" We could go next fall and spend 2 weeks.

 

Thank in advance,

Trudi

[Kirk W]

As far as Texas is concerned, you will only need to return to TX when you need a new eye exam and picture for your driver's license, which is every second renewal and those come every six years. But TX is not the problem, PA is. Each state has their own set of laws about when you must change your vehicle registrations and driver's licenses to their state an if you are now living all of the time in PA, at some point, probably after about 6 continuous months living there, you will be legally required to make the change. To know for sure you need to contact the DMV of PA. The second part of the question is, what will they do if you do not do this, and that just depends upon how much effort they put into enforcing of their laws. Since PA also has a state income tax, they likely will also expect you to pay that if you are living there. Another part of the question is, what would be the penalty if you should be caught for failing in any of these legal issues and how far back might the courts reach? My suggestion is that you need legal advice from an attorney who is a member of the PA bar.

[thegoodwins297]

Thank you, Kirk. You make valid points. We are staying in the RV in their driveway and having mail forwarded there. We knew PA would take state taxes out. I believe vehicles registered in PA is a non-issue if we don't change our address to PA.

[NJTroy]

If they decide you are a resident, which they may from what you describe, it looks like 60 days. Criteria for residency includes spending more than 181 days per year in the state.

 

Residency:

https://www.cfo.pitt.edu/payroll/documents/DeterminingResidencyforPApersonalincometaxpurposes.pdf

 

Vehicle registration:

http://www.dmv.state.pa.us/new_residents/motor_vehicle.shtml

[thegoodwins297]

Ok, thank you for the info. I am going to have to figure out an address to use as my in-laws don't want us to use their address as a legal address.

[Kirk W]

I'd suggest using the address where you receive your mail. PA will probably not automatically get taxes unless you contact your pension department and have them withhold the state taxes because if they list you as living in TX there are no taxes there to withhold. I doubt that it will happen without action from you. On of the problems than can arise with not changing your license plates is that most counties/cities have code enforcement people whose job it is to find those not following local codes. I have no idea how aggressive in that effort they may be in PA, but some states have become quite active in such code enforcement and when detected there might be penalties involved. The other situation that can often cause the state to act in this would be if you were to be stopped for a traffic violation, caught in a license check, or involved in an accident. It isn't any cause for panic, but you should be aware of the possibility.