Jump to content

Yes, another domicile question!


Wandering6

Recommended Posts

Hello,

 

Our family will be beginning our full time adventure in spring 2017. We are struggling with understand some things regarding setting up our domicile.

 

When do we need to visit our new state?

Can we set up our vehicle registrations through one of the many services before we have a driver's license from the state?

If we choose TX, do we need to go there first to register for the vehicle inspection?

 

When we head out in April, we will be heading from Maryland to Maine for a workamping job until September. Our intention is then to head either to TX or FL in October for the winter if possible. Obviously, we would hope to go to whichever state we have chosen as our domicile state. Would we be OK waiting from April to October to enter the state? We really don't have the opportunity to visit either of these states (or SD) before we head out in April.

 

I've tried to search through for answers but I can't seem to find anything stating when we NEED to be present in the newly domiciled state. I'm sure I'm just missing it or looking past it as my head is spinning trying to figure out all these new things!

 

So please answer yet another domicile question & let me know if there is any way we can change our domicile 6 months before entering the state!

 

And if you have any other suggestions, I would be happy to hear them!

 

Thank you in advance!

 

Link to comment
Share on other sites

It depends on which state you choose - they vary. The regular Escapees' web site (not the forums) contains a lot of really good information on domicile. Most of what you will find will be about Texas (because that's where Escapees is based), South Dakota and Florida - because these have traditionally been the most popular with full-timers. RV-Dreams.com also has good information on selecting a domicile state. You can also consult an attorney in the state you wish to investigate.

 

Rob

Link to comment
Share on other sites

I feel what you are trying, leaving one state and spending a good bit of time somewhere else before getting set up for domicile in a third state is risky. Far safer to do it one of these two ways:

 

Get with your mail service and get all the groundwork done. Go to the state (overnight is usually long enough, fly in and get a hotel if nothing else) and get your licenses and voter registration as well as your revised will and medical documents completed. You'll want to move your banking and the rest too but it doesn't have to happen the same day.

 

Stay with your old state until you can visit the new state and do the above.

 

If your old state has income tax of some sort they can get really grumpy if you stop paying income taxes to them before you have formally moved, non-income tax states aren't usually going to care. You might get lucky, you might not but having had to deal with angry state tax collectors before I'd play it safe.

Link to comment
Share on other sites

Thank you all for your replies!

 

Staying with our old state is definitely an option we are considering. However, with not having a physical address, we are making sure that could work. Also not sure what effect & hassle it might be to change our address on things 2 or 3 times within a year.

 

We certainly aren't trying to do anything "risky" or against the rules so to speak. Just trying to figure out the logistics of what our options are, how they all work & which one is the best fit for us with the most ease all around.

 

Thanks again!

I feel what you are trying, leaving one state and spending a good bit of time somewhere else before getting set up for domicile in a third state is risky. Far safer to do it one of these two ways:

 

Get with your mail service and get all the groundwork done. Go to the state (overnight is usually long enough, fly in and get a hotel if nothing else) and get your licenses and voter registration as well as your revised will and medical documents completed. You'll want to move your banking and the rest too but it doesn't have to happen the same day.

 

Stay with your old state until you can visit the new state and do the above.

 

If your old state has income tax of some sort they can get really grumpy if you stop paying income taxes to them before you have formally moved, non-income tax states aren't usually going to care. You might get lucky, you might not but having had to deal with angry state tax collectors before I'd play it safe.

Link to comment
Share on other sites

If you go with a mail service you can just change all your addresses to use them and then they will send your mail to where you are. You do not need to change your domicile to use the mail service so it would be no different than an extended out of state vacation for tax purposes, until you did do the domicile change. Your current license, voting, wills and such would all remain as is and no problem, might cost a few bucks in taxes and fees but balanced against air-fare, hotel and rental car it might be reasonable.

 

If Maryland has a part-year tax form (not all states do) it is best to avoid moving on 31 Dec, rather move a month either way and file a part-year tax form so they know you have left the state and don't come looking for you to see why you haven't paid.

Link to comment
Share on other sites

We signed up for mail service in SD, they assisted with titling and plating all of our vehicles. A month later we spent the night, and next day got our drivers licenses, got our insurance, new bank accounts etc that we wanted to do. The mail service websites usually have a checklist of what paperwork you will need. In SD we did the address changes early as we were required to each have 2 pieces of mail that had been sent to the SD address. We picked that up when we got into town. We use Your Best Address in Sioux Falls.

Link to comment
Share on other sites

Be aware that certain states, Texas I believe is one, may require an upgrade to your drivers license that includes a driving test. So flying in won't do you much good.

Also from an insurance standpoint I would not travel to long with out your DL matching your plates and domicile.

Should you have a claim your insurance company may be very unhappy.

Link to comment
Share on other sites

We registered our vehicles in South Dakota before we escaped Maryland and made My Home Address our home of record.. We then traveled making stops along the and when we got to SD, we got our drivers licenses and did some other paperwork things like new wills.

 

I also escaped from MD to SD. Terry Lund was EXTREMELY helpful in making the transition easy and smooth. We flew in and spent the night, got our DLs in 20 minutes and then flew back. Research the three states (SD, TX and FL) and find out what is important to you. As those are the three best states for full timers.

Link to comment
Share on other sites

Welcome to the Escapees forums! We are here to help and with the large group of experienced folks here, we should be able to get most of the answers that you need. My first suggestion is that you should first understand what a domicile is, and what it is not. I suggest that you might find this article from the Escapees Magazine to be helpful in that regard. To understand how to go about things, I suggest that you download a copy of this free booklet from Escapees, How To Become A Real Texan and read it carefully.

Link to comment
Share on other sites

  • 2 weeks later...

Hi Everyone

 

Can I domicile in SD, even if I own property in Oregon ?

One property is a condo in Portland, it is being leased long term.

Another is a beach home on the coast used as a short term rental.

 

I read through all the basics and it seems doable but the one point that did give me pause was the phrasing on the SD residency affidavit.

 

Thanks in advance.

 

Lawrence

 

Link to comment
Share on other sites

We've retained out home in California, and also a rental property, and domicile in SD.

 

Be sure to keep good records, and change other items over to SD at the same time. For example, we added the Black Hills Credit Union, and do auto deposit of two or three of our income streams. I also joined the Rapid City Elk's organization, and donate to them yearly. I also donate to the Rapid City area Boys Scouts of America. (Do both of these donations yearly, as they're great groups, just shifted it to be thru a SD organization.) While for California, I of course file a Non Residency Income Tax return on the income from our rentals. We keep good records of our travels too. I even went in for a eye exam while in SD, have dental bills from Arizona, and lab tests in Idaho - to show I have a pattern of obtaining medical services in other states then California.

 

Know the rules, especially of your state has anything unique, but don't be concerned as long as you are following the rules/laws.

 

Take a good look at any wills or trusts, as some states have agreements on honoring each others legal documents. Yes, cleaner to change over wills and trusts to SD, but my legal advise was that their was no reason to change my will or trust from California to SD. My lawyer did suggest that if I have any major revisions made in the future, it would be a good time to shift it to SD.

 

Best to you,

Smitty

Link to comment
Share on other sites

Thank you for the info Smitty. I'm a little new to this so I should be careful to clear that I would be attempting to domicile in SD but not not own a residence their. I suppose that is the common case.

 

And you can still own a home in CA ? So if I own a home in OR I can spend time their and still domicile in SD ? You mention knowing the rules so I suppose I need to research what Oregon allows, for example, I must be out of the state X days per year or some such requirement.

 

The other points you made too were good ideas like the donations. When you mention keeping good records that is in case a person is audited ?

 

Thanks again.

Link to comment
Share on other sites

Lawrence, welcome to the Escapee forums! We are happy to have you as part of the group and will do our best to answer questions or assist in any other way we are able.

 

The key thing to remember is that you must deal with the laws of each of the two states, SD and OR. While it is legal to own property in a state other than the one of your domicile, each state also has laws about who must use their state as domicile in order to be legal and claiming SD as domicile while meeting their requirements will not protect you from issues with the laws of OR. One thing to be very careful of is to report that rental money as income to the state of OR since it will be taxable there and that could cause them to look more closely at your legal situation.

 

If you have any questions about the domicile issue, you may find it helpful to read this article about domiciles which was published by Escapee Magazine.

Link to comment
Share on other sites

We went through the same thing that you are going through about a year ago and one thing that we found enormously helpful, was the Technomads Booklet - No Excuses, Go Nomadic. They cover just about everything and as to your specific question regarding Domicile, check Chapter 9. After reading and digesting,we decided on SD as our Domicile. We found this book extremely helpful and I think you might too.

Link to comment
Share on other sites

We own property in AZ but are TX residents.

I save all RV park receipts to prove that we do not spend more than 7 months a year in AZ (their cut off for residency).

I also pay more for things like our Jet Ski registration because I have it registered in AZ as a NON resident.

Don't want any issues- although I think we are slowly coming to the conclusion that there may not be any overwhelming reasons for US to remain TX residents. Too early to tell.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...