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Domicile regulations by state?


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I'm searching for a list (URL) of domicile "address" regulations by state. I'm thinking of something similar to the tables that give tax regulations by state, or vehicle registration rules by state, etc.

 

We know, for example, that SD, FL and TX will accept a mail forwarding service address when establishing domicile. From my internet digging, it looks like Nevada requires a physical residential address, as does California, making both challenging domiciles for full-timers. And I haven't dug into the other 45 states (yet).

 

 

So, does anyone know of a comprehensive source/list for this information for all or most of the states?

 

 

Thanks

 

 

PS I tried searching this forum for this information but came up dry. I apologize if this information has already been posted and I was simply unable to find it.

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I found this article on domicile regulations that may be a start: http://www.accountingweb.com/community-voice/blogs/admin/tax-help-state-residency-and-domicile-issues

 

This website list state by state taxes: http://www.accountingweb.com/community-voice/blogs/admin/tax-help-state-residency-and-domicile-issues

 

Another thing to take into consideration is health care. At this point health insurance can not be sold across state lines so what ever you chose for your domicile you will want to make sure your health insurance will cover you if you are out of your domicile state. If you are medicare age there may be fewer drs but the regular medicare can usually follow you to each state. If you are pre-medicare many insurance companies are getting out of the individual health care business.

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I'm searching for a list (URL) of domicile "address" regulations by state. I'm thinking of something similar to the tables that give tax regulations by state, or vehicle registration rules by state, etc. So, does anyone know of a comprehensive source/list for this information for all or most of the states?

 

Not that I know of. However, make sure you include monetary considerations (like vehicle registration, etc) in any domicile list.

 

 

We know, for example, that SD, FL and TX will accept a mail forwarding service address when establishing domicile. From my internet digging, it looks like Nevada requires a physical residential address, as does California, making both challenging domiciles for full-timers. And I haven't dug into the other 45 states (yet).

Your first sentence is problematic. For example, if you write your mail service address "incorrectly", you may run into problems with credit card companies and other financial institutions because mail service companies are not residences -- you can't live there.

 

What's an "incorrect" mail service address? Using "PMB" instead of "#", "Unit", or "Apt" in the address.

 

I've already heard of some institutions checking addresses in Google maps. Imagine if they check a MyDakotaAddress address. Here's what they would see in Google maps:

 

mydakotaaddress.jpg

 

 

BTW, you could probably use a campground address for a permanent address in NV (just as in other states like AZ). However, both NV and AZ have onerous vehicle registration fees.

SKP #79313 / Full-Timing / 2001 National RV Sea View / 2008 Jeep Wrangler Rubicon
www.rvSeniorMoments.com
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I did a lot of research on domicile laws in the various states and I highly doubt that you will find a source for what you want for many different reasons. The biggest problem is that no state spells out one set of rules that applies to each each of the many different issues which are based upon domicile. There is one set of requirements for auto registration, another for in-state tuition to state schools, yet another for voter registration, another for a resident hunting/fishing license, etc. In the codes and laws of most states the word domicile does not appear. For most RV folks the key issues are voter registration, auto registration, and driving license requirements. Even there, it will be a major undertaking if you want to compile a complete record for all 50 states.

 

The key reasons that TX, SD, & FL are so popular is that they all three have these items:

~ no state income tax,

~ they accept a mail forwarding service as your legal address for important necessary legal issues,

~ they have reasonable & below the national average fees for vehicle registration,

~ there is no specified time in the state required for legal residence in that state.

 

For those not yet eligible for Medicare, cost and availability of health insurance is a growing issue and there could be other issues for some people. You should probably at least consider things like estate laws, common property laws, and a long list of other things that impact some people.

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

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

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The key reasons that TX, SD, & FL are so popular is that they all three have these items:

~ no state income tax,

~ they accept a mail forwarding service as your legal address for important necessary legal issues,

~ they have reasonable & below the national average fees for vehicle registration,

~ there is no specified time in the state required for legal residence in that state.

 

The driver license forms for TX, SD, and FL (as well as other states) all require a "Residence" address as well as a Mailing Address.

 

So what do you use for a Residence address when you only have a mail forwarding address?

SKP #79313 / Full-Timing / 2001 National RV Sea View / 2008 Jeep Wrangler Rubicon
www.rvSeniorMoments.com
DISH TV for RVs

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The driver license forms for TX, SD, and FL (as well as other states) all require a "Residence" address as well as a Mailing Address.

 

So what do you use for a Residence address when you only have a mail forwarding address?

Well, in TX our "mailforwarding address" IS our residential address for vehicle registration, voting, and jury duty purposes. what else matters?

Sue and Paul- fulltimed 2009 -2015 with Dozer, our Gray Tuxedo cat

 2012 DRV Mobile Suites 36TKSB4 pulled by a 2020 F350 Platinum

Our "vacation home" : 2018 Arctic Fox 1150 truck camper

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Thanks to all for their replies.

 

Somehow this has (yet again) morphed into a thread about all the things to consider when chosing a state to "domicile" which is not the point of the thread.

 

Zulu came closest, in some ways, to rephrasing the question in asking "what do you put down for "residence" in state X? What is acceptable to the state authorities?"

 

And as Kirk among other notes, some states have a # days in-state litmus test as well.

 

Zulu: In Texas, it is permissible to use **some** mail forwarding address for "residence" on state documents though as you note, for some uses (financial institutions) the styling of the address is important. Commercial mail box services (eg., UPS store) are flagged in the DMV database and cannot be used for vehicle registration, driver's license or voter's registration-- but these are not mail forwarding services, per se.

 

I have used an Escapees Texas mail address for everything -- including "residence" for more than 10 years, and the only difficulty I encountered was in 2007 when GM Bank (now Ally) refused to recognize it. Solution: open an account at IngDirect.

 

In 2012 I opened a local bank account in Travis County, where I was hunkered down to do eldercare. I had a local UPS store mailbox, but the bank would not take that address. They were happy to take the 77399 address

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So you live at your PMB???

Call it that if you wish. In addition to those 3 states there are several others that do accept mail forwarding addresses in their states for driver's licenses, voting, and other legal issues. OR has a "permanent traveler" status for those who meet their requirements, and unless it has changed NV also will allow use of a mail service. There used to be a mail service popular with RV fulltimers in Henderson, NV but I'm not sure that laws there have not changed.

 

I'm searching for a list (URL) of domicile "address" regulations by state.....................

Somehow this has (yet again) morphed into a thread about all the things to consider when chosing a state to "domicile" which is not the point of the thread.

It is probably inevitable that will happen because it isn't a simple subject and no such listing exists, or at least none of us have ever found one. The reason for that is probably the difficulty of doing so, since the term "domicile" is a term that is very ill defined because many people live in such a way that it can be quite complicated and difficult to define. Fulltimers are probably the most challenging group to make a clear, absolute, ruling as to where that may be. The legal dictionary is quoted below.

 

domicile

n. the place where a person has his/her permanent principal home to which he/she returns or intends to return. This becomes significant in determining in what state a probate of a dead person's estate is filed, what state can assess income or inheritance taxes, where a party can begin divorce proceedings, or whether there is "diversity of citizenship" between two parties which may give federal courts jurisdiction over a lawsuit. Where a person has several "residences" it may be a matter of proof as to which is the state of domicile. A business has its domicile in the state where its headquarters is located.

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

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

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So you live at your PMB???

Yes, we live at 3916 N Potsdam ave, Suite 2640, Sioux falls SD.

It has worked with every piece of mail, credit card company, banks, insurance, highway patrol man on the side of the road, jury summons, voter ID, everything. We have no issues doing it this way.

Jim's Adventures

Old Spacecraft.... Who knows whats next

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Yup. Remember, there is a District court ruling as well as some codifying legislation to make our mailing address our legal physical address in Texas.

I believe this was the decision Speights v. Willis: http://caselaw.findlaw.com/tx-court-of-appeals/1495199.html

 

The two Escapee court cases that I know of are:

  • Curtis v Smith (2001) -- Mr. "Bid" Smith, Polk County Tax Assessor, went to the Federal court to have all Escapees purged from the voting roles for the Nov 2000 election. Smith claimed the Escapees were not bona fide residents. The court would not intervene because Smith wanted to disenfranchise Escapees en masse and because residency was a state, not a Federal, issue.

  • Speights v Willis (2002) -- B.E. "Slim" Speights contested the 2000 election results for Polk County. He claimed that 5000 residents (all Escapees) were not properly registered. The Texas Appeals Court said Speights didn't meet the burden of proof for showing that these 5000 Escapees were non-residents so the election results stood. However, one justice in a dissent wrote "The simple question is whether the address of a mail forwarding service can be a 'residence address.' I would hold, as a matter of law, it cannot."

I believe the Texas Election Code was changed in 2002 so that "Residence address" means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence."

 

While the Escapee mail service (or another service) address can be used for Texas voting, it may not be valid for other things, like for financial institutions or for driver's licenses, titles, etc. "Residency" can vary between and even within states.

 

Finally, IMHO, instead of using the "PMB" designation (which is like painting a red "A" on your forehead), better to use the generic "#XXXX" -- a strategy used by the homeless. On the other hand, I don't think it's prudent to use "Apt XXXX" or "Suite XXXX" as mail boxes are neither of these.

SKP #79313 / Full-Timing / 2001 National RV Sea View / 2008 Jeep Wrangler Rubicon
www.rvSeniorMoments.com
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While the Escapee mail service (or another service) address can be used for Texas voting, it may not be valid for other things, like for financial institutions or for driver's licenses, titles, etc. "Residency" can vary between and even within states.

Without any issues we used the Escapees mail forwarding service as our address for everything - driver's license, voting, registrations, Medicare, medical, Bank of America, Wells Fargo, Vanguard and Fidelity. Again...without any issues or questions asked.

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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Without any issues we used the Escapees mail forwarding service as our address for everything - driver's license, voting, registrations, Medicare, medical, Bank of America, Wells Fargo, Vanguard and Fidelity. Again...without any issues or questions asked.

 

What worked 16 years ago may not work today. I know some of what we did in 2008 cannot be done today. Plus, doing things like changing something within a company is different from starting something with a new to you company. Our world is always changing.

 

Linda Sand

Blog: http://sandcastle.sandsys.org/

Former Rigs: Liesure Travel van, Winnebago View 24H, Winnebago Journey 34Y, Sportsmobile Sprinter conversion van

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What worked 16 years ago may not work today. I know some of what we did in 2008 cannot be done today. Plus, doing things like changing something within a company is different from starting something with a new to you company. Our world is always changing.

 

Linda Sand

Linda...this wasn't 16 years ago. We used the Escapees address up until a year ago. :)

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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Ah, the old Suzuki building. Looks pretty spacious, but how do all those full-timers fit inside???

Do you mind sharing with us the reason that you have a problem with states allowing us to do this?... :)

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

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

            images?q=tbn:ANd9GcQqFswi_bvvojaMvanTWAI

 

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Linda...this wasn't 16 years ago. We used the Escapees address up until a year ago. :)

 

But how many of those accounts were NEW a year ago? My point was that opening new accounts now is harder than it used to be. I no longer feel qualified to give advice about new accounts because the world has changed too much since the last time I did that.

 

Linda Sand

Blog: http://sandcastle.sandsys.org/

Former Rigs: Liesure Travel van, Winnebago View 24H, Winnebago Journey 34Y, Sportsmobile Sprinter conversion van

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And while unique to a smaller group, as seen with the exodus of many Domiciled South Dakotian's - Health Insurance companies red flag SD Mail Forwarding addresses.

 

Texas Escapees seems to work well, except the ever vanishing PPO's.

 

Florida fo rond, seems to have the highest, though dropping in numbers, PPO's available.

 

(And as mentioned in Pre 65 Health Insurance threads, not all PPO's, can be used Out of State... The devils are in the details:)!)

 

And OP, I've found good threads about the Cost of Living; Lowest and or Highest Taxed States; Best States for (Fill in a specific interest here.); Etc... I have a One Stop Shopping that lays out Pro's/Con's of all of the many considerations for 'Domicile' vs 'Residence'.

 

http://www.kiplinger.com/tool/retirement/T055-S001-state-by-state-guide-to-taxes-on-retirees/

 

This comparison provides good info on many of the considerations. But, it is not geared specifically towards Domicile. So items like DMV, and or Health Care Supplements (Post 65) or Health Insurance Pre 65 - still require independent research.

 

One size does not fit all. So what maybe important to you, might not be to another... And of course visa versa!

 

If others would share other sites, such as Health Sherpa for Health Insurance considerations. On different aspects of Domicile/Resident decisions points. That would always be welcomed. (I never turn down the chance to read different perspectives, and views, on this subject:)!)

 

Best to all,

Smitty

Be safe, have fun,

Smitty

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

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In Texas, it is permissible to use **some** mail forwarding address for "residence" on state documents though as you note, for some uses (financial institutions) the styling of the address is important. Commercial mail box services (eg., UPS store) are flagged in the DMV database and cannot be used for vehicle registration, driver's license or voter's registration-- but these are not mail forwarding services, per se.

 

Thats funny since I use my commercial mail box service for my vehicle registration, my drivers license AND my voter registration. It was a bit difficult on the DL but they finally relented after I convinced them that I had no permanent address. It has never been an issue with the cars, trailer or HDT and I just got around to changing my voter registration a few months ago.

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Wow, many things I never thought of. Reckon we'll keep our GA house as a home base and travel out of there. Just be half timers. Even if we didn't already have land and house, I think I'd want to buy a small piece of cheap remote land somewhere, put well, septic tank, electricity, and use it as a base. That could be done in TEXAS (that word must be said and written in all capitals), South Dakota, etc. Since you're living full time in RV anyway, seems to me having a piece of land as a base would work great for these no income tax states. Georgia has state income tax, but give geezers a break, and has very good vehicle tax rates. There are options.

That old man, he don't think like no old man.

"I thought I was wrong one time, but I was mistaken." Command Sergeant Major

"He's pinned under an outcropping of rock. Lucky for him, the rock kept the dirt from burying him alive."

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Georgia has state income tax, but give geezers a break, and has very good vehicle tax rates. There are options.

 

Well, if you're under 65 and need to buy your own health insurance, then Georgia is not a good domicile choice.

 

Currently, there are PPO plans in just 41 of GA's 159 counties. None of these PPO plans are from BCBS, so these plans may not have national health networks,

SKP #79313 / Full-Timing / 2001 National RV Sea View / 2008 Jeep Wrangler Rubicon
www.rvSeniorMoments.com
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